ABSTRACT
Arguments for and against bans on the wearing of religious symbols are discussed in Chapter 2 . Many of the arguments have been brought up again and again in the discussions taking place all over Europe. One of the most often heard arguments against banning such symbols is that this would be a violation of the right to freedom of religion and to freedom to manifest one’s religion in breach of Articles 9 ECHR, 18 UDHR and 18 ICCPR. These three Articles are quite similar: Articles 9(1) ECHR, 18 UDHR and 18(1) ICCPR all guarantee freedom of thought, conscience and religion; and all three state that this includes freedom to change one’s religion or belief and freedom, either alone or in community with others and in public or in private, to manifest one’s religion or belief, in worship, teaching, practice and observance. Articles 9(2) ECHR and 18(3) ICCPR then state that the right to manifest one’s religion or belief can be restricted but only if the restriction is prescribed by law and is necessary – Article 9(2) adds here ‘in a democratic society’ – for the protection of public safety, public health or morals or for the protection of the rights and freedoms of others. It is pointed out in Chapter 1 that the right to freedom of thought, conscience and religion is an absolute right and thus that there cannot be any justifi cation for interference with this right. This is in contrast to the right to freedom to manifest one’s religion, where interference by the state can be justifi ed in the circumstances described above. Article 18 UDHR does not mention any limitations to the right, but Article 29(2) UDHR allows for limitations in the exercise if the rights and freedoms – which includes the right in Article 18 – which are determined by law and are ‘solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society’. There is also the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion and Belief of 1981. Its Article 1 is very similar to Articles 18 UDHR, 18 ICCPR and 9 ECHR, but it does mention that ‘this right shall include freedom to have a religion or whatever belief of his choice’ and determines, in Article 1(2) that ‘no one shall be subject to
coercion which would impair his freedom to have a religion or belief of his choice’. In relation to limitations, the Declaration is the same as Article 18(3) ICCPR.
