Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the right not to profess any religion or belief[1] or "not to practise a religion" (often called freedom from religion).[2]
The concept of religious liberty includes, and some say requires, secular liberalism, and excludes authoritarian versions of secularism.[3][4][5]
Freedom of religion is considered by many people and most nations to be a
believers in other faiths or those who have no faith; in other countries, freedom of religion includes the right to refuse to support, by taxes or otherwise, a state religion.
Freedom of religion includes and may go beyond freedom of belief (this freedom is usually limited to the right to believe whatever a person, group, or religion wishes). Rather, freedom of religion includes,
In a historic setting freedom to worship has often been limited in practice through punitive taxation, repressive social legislation, and political disenfranchisement. An example commonly cited by scholars is the status of dhimmis under Islamic sharia law. Stemming from the Pact of Umar and literally meaning "protected individuals", it is often argued that non-Muslims possessing the dhimmi status in medieval Islamic societies enjoyed greater freedoms than non-Christians in most medieval European societies, while duly noting that the protection was limited because of regulation by and obligations to government such as taxation (compare jizya and zakat) and military service differed between religions. In modern concepts of religious freedom, the law is usually blind to religious affiliation.
Freedom of religious worship was established in the Buddhist
Ashoka the Great in the 3rd century BC, which was encapsulated in the Edicts of Ashoka
.
Greek–Jewish clashes at Cyrene in 73 AD and 117 AD and in Alexandria in 115 AD provide examples of cosmopolitan cities as scenes of tumult.
Genghis Khan was one of the first rulers who in 13th century enacted a law explicitly guaranteeing religious freedom to everyone and every religion.[11]
Ancient Roman policy
The Romans tolerated most religions, including Judaism, and encouraged local subjects to continue worshipping their own gods. They did not however, tolerate Christianity, because of the Christian refusal to offer honours to the official cult of the emperor, until it was legalised by the Roman emperor Galerius in 311. Holmes and Bickers note that as long as Christianity was treated as a part of Judaism, which was generally tolerated because of its antiquity and its practice of making offers on behalf of the emperor, it enjoyed the same freedom, but the Christian claim to religious exclusivity meant its followers found themselves subject to hostility.[12][13]
The early Christian apologist Tertullian was the first-known writer referring to the term libertas religionis.[14] The Edict of Milan guaranteed freedom of religion in the Roman Empire until the Edict of Thessalonica in 380, which outlawed all religions except Christianity.
Religious tolerance in India: A legacy of the past and a promise for the future
Ancient Jews fleeing from
Ashoka the Great
's reign in the 3rd century BC. Freedom to practise, preach and propagate any religion is a constitutional right in Republic of India. Most major religious festivals of the main communities are included in the list of national holidays.
Many scholars and intellectuals believe that India's predominant religion, Hinduism, has long been a most tolerant religion.[16]Rajni Kothari, founder of the Centre for the Study of Developing Societies has written, "[India] is a country built on the foundations of a civilisation that is fundamentally non-religious."[17]
The Dalai Lama, the Tibetan leader in exile, said that religious tolerance of 'Aryabhoomi,' a reference to India found in the Mahabharata, has been in existence in this country from thousands of years. "Not only Hinduism, Jainism, Buddhism, Sikhism which are the native religions but also Christianity and Islam have flourished here. Religious tolerance is inherent in Indian tradition," the Dalai Lama said.[18]
Freedom of religion in the Indian subcontinent is exemplified by the reign of King Piyadasi (304–232 BC) (Ashoka). One of King Ashoka's main concerns was to reform governmental institutes and exercise moral principles in his attempt to create a just and humane society. Later he promoted the principles of Buddhism, and the creation of a just, understanding and fair society was held as an important principle for many ancient rulers of this time in the East.
The importance of freedom of worship in India was encapsulated in an inscription of Ashoka:
King Piyadasi (Ashok) dear to the Gods, honours all sects, the ascetics (hermits) or those who dwell at home, he honours them with charity and in other ways. But the King, dear to the Gods, attributes less importance to this charity and these honours than to the vow of seeing the reign of virtues, which constitutes the essential part of them. For all these virtues there is a common source, modesty of speech. That is to say, one must not exalt one's creed discrediting all others, nor must one degrade these others without legitimate reasons. One must, on the contrary, render to other creeds the honour befitting them.
On the main Asian continent, the Mongols were tolerant of religions. People could worship as they wished freely and openly.
After the arrival of Europeans, Christians in their zeal to convert local as per belief in conversion as service of God, have also been seen to fall into frivolous methods since their arrival, though by and large there are hardly any reports of law and order disturbance from mobs with Christian beliefs, except perhaps in the north eastern region of India.[19]
Freedom of religion in contemporary India is a fundamental right guaranteed under Article 25 of the nation's constitution. Accordingly, every citizen of India has a right to profess, practice and propagate their religions peacefully.[20]
In September 2010, the Indian state of Kerala's State Election Commissioner announced that "Religious heads cannot issue calls to vote for members of a particular community or to defeat the nonbelievers".[21] The Catholic Church comprising Latin, Syro-Malabar and Syro-Malankara rites used to give clear directions to the faithful on exercising their franchise during elections through pastoral letters issued by bishops or council of bishops. The pastoral letter issued by Kerala Catholic Bishops' Council (KCBC) on the eve of the poll urged the faithful to shun atheists.[21]
Even today, despite religious tensions and violence, most Indians celebrate all religious festivals with equal enthusiasm and respect.
Mahavir Jayanti, Gur Purab etc. are celebrated and enjoyed by all Indians
.
Europe
Religious intolerance
Most Roman Catholic kingdoms kept a tight rein on religious expression throughout the Middle Ages. Jews were alternately tolerated and persecuted, the most notable examples of the latter being the expulsion of all Jews from Spain in 1492. Some of those who remained and converted were tried as heretics in the Inquisition for allegedly practicing Judaism in secret. Despite the persecution of Jews, they were the most tolerated non-Catholic faith in Europe.
However, the latter was in part a reaction to the growing movement that became the
Reformation. As early as 1380, John Wycliffe in England denied transubstantiation and began his translation of the Bible into English. He was condemned in a papal bull
in 1410, and all his books were burned.
In 1414, Jan Hus, a Bohemian preacher of reformation, was given a safe conduct by the Holy Roman Emperor to attend the Council of Constance. Not entirely trusting in his safety, he made his will before he left. His forebodings proved accurate, and he was burned at the stake on 6 July 1415. The Council also decreed that Wycliffe's remains be disinterred and cast out. This decree was not carried out until 1429.
After the fall of the city of
Treaty of Granada, but that promise was short-lived. In 1501, Granada's Muslims were given an ultimatum to either convert to Christianity or to emigrate. The majority converted, but only superficially, continuing to dress and speak as they had before and to secretly practice Islam. The Moriscos (converts to Christianity) were ultimately expelled from Spain between 1609 (Castile) and 1614 (rest of Spain), by Philip III
.
Martin Luther published his famous 95 Theses in Wittenberg on 31 October 1517. His major aim was theological, summed up in the three basic dogmas of Protestantism:
The Bible only is infallible.
Every Christian can interpret it.
Human sins are so wrongful that no deed or merit, only God's grace, can lead to salvation.
In consequence, Luther hoped to stop the sale of indulgences and to reform the Church from within. In 1521, he was given the chance to recant at the Diet of Worms before Charles V, Holy Roman Emperor. After he refused to recant, he was declared heretic. Partly for his own protection, he was sequestered on the Wartburg in the possessions of Frederick III, Elector of Saxony, where he translated the New Testament into German. He was excommunicated by papal bull in 1521.
However, the movement continued to gain ground in his absence and spread to Switzerland. Huldrych Zwingli preached reform in Zürich from 1520 to 1523. He opposed the sale of indulgences, celibacy, pilgrimages, pictures, statues, relics, altars, and organs. This culminated in outright war between the Swiss cantons that accepted Protestantism and the Catholics. In 1531, the Catholics were victorious, and Zwingli was killed in battle. The Catholic cantons made peace with Zurich and Berne.[22]
The defiance of papal authority proved contagious, and in 1533, when
Henry VIII of England was excommunicated for his divorce and remarriage to Anne Boleyn, he promptly established a state church with bishops appointed by the crown. This was not without internal opposition, and Thomas More
, who had been his Lord Chancellor, was executed in 1535 for opposition to Henry.
In 1535, the Swiss canton of Geneva became Protestant. In 1536, the Bernese imposed the reformation on the canton of Vaud by conquest. They sacked the cathedral in Lausanne and destroyed all its art and statuary. John Calvin, who had been active in Geneva was expelled in 1538 in a power struggle, but he was invited back in 1540.
The same kind of seesaw back and forth between Protestantism and Catholicism was evident in England when
James I of England
and published in 1611 proved a landmark for Protestant worship, with official Catholic forms of worship being banned.
In France, although peace was made between Protestants and Catholics at the
Massacre of Saint Bartholomew's Day
on 24 August 1572, in which thousands of Protestants throughout France were killed. A few years before, at the "Michelade" of Nîmes in 1567, Protestants had massacred the local Catholic clergy.
Kingdom of Bohemia (present-day Czech Republic) enjoyed religious freedom between 1436 and 1620 as a result of the Bohemian Reformation, and became one of the most liberal countries of the Christian world during that period of time. The so-called Basel Compacts of 1436 declared the freedom of religion and peace between Catholics and Utraquists. In 1609 Emperor Rudolf II granted Bohemia greater religious liberty with his Letter of Majesty. The privileged position of the Catholic Church in the Czech kingdom was firmly established after the Battle of White Mountain in 1620. Gradually freedom of religion in Bohemian lands came to an end and Protestants fled or were expelled from the country. A devout Catholic, Emperor Ferdinand II forcibly converted Austrian and Bohemian Protestants.[27]
In the meantime, in Germany Philip Melanchthon drafted the Augsburg Confession as a common confession for the Lutherans and the free territories. It was presented to Charles V in 1530.
In the Holy Roman Empire, Charles V agreed to tolerate Lutheranism in 1555 at the Peace of Augsburg. Each state was to take the religion of its prince, but within those states, there was not necessarily religious tolerance. Citizens of other faiths could relocate to a more hospitable environment.
In France, from the 1550s, many attempts to reconcile Catholics and Protestants and to establish tolerance failed because the State was too weak to enforce them. It took the victory of prince Henry IV of France, who had converted into Protestantism, and his accession to the throne, to impose religious tolerance formalized in the
Louis XIV of France. Intolerance remained the norm until Louis XVI, who signed the Edict of Versailles (1787), then the constitutional text of 24 December 1789, granting civilian rights to Protestants. The French Revolution then abolished state religion and the Declaration of the Rights of Man and of the Citizen
(1789) guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society.
Early laws and legal guarantees for religious freedom
extended the freedom to all religions, declaring that "It is not allowed to anybody to intimidate anybody with captivity or expelling for his religion".
Act of Religious Tolerance and Freedom of Conscience:
His majesty, our Lord, in what manner he – together with his realm – legislated in the matter of religion at the previous Diets, in the same matter now, in this Diet, reaffirms that in every place the preachers shall preach and explain the Gospel each according to his understanding of it, and if the congregation like it, well. If not, no one shall compel them for their souls would not be satisfied, but they shall be permitted to keep a preacher whose teaching they approve. Therefore none of the superintendents or others shall abuse the preachers, no one shall be reviled for his religion by anyone, according to the previous statutes, and it is not permitted that anyone should threaten anyone else by imprisonment or by removal from his post for his teaching. For faith is the gift of God and this comes from hearing, which hearings is by the word of God.
Anabaptists were tolerated churches (religio tolerata), which meant that they had no power in the law making and no veto rights in the Diet, but they were not persecuted in any way. Thanks to the Edict of Torda, from the last decades of the 16th century Transylvania was the only place in Europe, where so many religions could live together in harmony and without persecution.[31]
This religious freedom ended however for some of the religions of Transylvania in 1638. After this year the Sabbatarians begun to be persecuted, and forced to convert to one of the accepted Christian religions of Transylvania.[32]
Habsburg rule in Transylvania
The Unitarians (despite being one of the "accepted religions") started to be put under an ever-growing pressure, which culminated after the Habsburg conquest of Transylvania (1691),
Hutterite Anabaptists (who found a safe haven in 1621 in Transylvania, after the persecution to which they were subjected in the Austrian provinces and Moravia) to convert to Catholicism or to migrate in another country, which finally the Anabaptists did, leaving Transylvania and Hungary for Wallachia, than from there to Russia, and finally in the United States.[34]
Netherlands
In the Union of Utrecht (20 January 1579), personal freedom of religion was declared in the struggle between the Northern Netherlands and Spain. The Union of Utrecht was an important step in the establishment of the Dutch Republic (from 1581 to 1795). Under Calvinist leadership, the Netherlands became the most tolerant country in Europe. It granted asylum to persecuted religious minorities, such as the Huguenots, the Dissenters, and the Jews who had been expelled from Spain and Portugal.[35] The establishment of a Jewish community in the Netherlands and New Amsterdam (present-day New York) during the Dutch Republic is an example of religious freedom. When New Amsterdam surrendered to the English in 1664, freedom of religion was guaranteed in the Articles of Capitulation. It benefitted also the Jews who had landed on Manhattan Island in 1654, fleeing Portuguese persecution in Brazil. During the 18th century, other Jewish communities were established at Newport, Rhode Island, Philadelphia, Charleston, Savannah, and Richmond.[36]
Intolerance of dissident forms of Protestantism also continued, as evidenced by the exodus of the Pilgrims, who sought refuge, first in the Netherlands, and ultimately in America, founding Plymouth Colony in Massachusetts in 1620. William Penn, the founder of Philadelphia, was involved in a case which had a profound effect upon future American laws and those of England. In a classic case of jury nullification, the jury refused to convict William Penn of preaching a Quaker sermon, which was illegal. Even though the jury was imprisoned for their acquittal, they stood by their decision and helped establish the freedom of religion.[37][38]
Poland
The General Charter of Jewish Liberties known as the
Casimir IV of Poland in 1453 and Sigismund I of Poland in 1539. Poland freed Jews from direct royal authority, opening up enormous administrative and economic opportunities to them.[39]
The right to worship freely was a basic right given to all inhabitants of the future Polish–Lithuanian Commonwealth throughout the 15th and early 16th century, however, complete freedom of religion was officially recognized in 1573 during the Warsaw Confederation. Polish–Lithuanian Commonwealth kept religious freedom laws during an era when religious persecution was an everyday occurrence in the rest of Europe.[40]
Most of the early colonies were generally not tolerant of dissident forms of worship, with Maryland being one of the exceptions. For example,
Jesuit Roman Catholic priests from entering territory under Puritan jurisdiction.[44] Any suspected person who could not clear himself was to be banished from the colony; a second offense carried a death penalty.[45] The Pilgrims of New England held radical Protestant disapproval of Christmas.[46] Christmas observance was outlawed in Boston in 1659.[47] The ban by the Puritans was revoked in 1681 by an English appointed governor, however it was not until the mid-19th century that celebrating Christmas became common in the Boston region.[48]
Freedom of religion was first applied as a principle of government in the founding of the colony of Maryland, founded by the Catholic
American Declaration of Independence
.
Rhode Island (1636), Connecticut (1636), New Jersey, and Pennsylvania (1682) – founded by Protestants Roger Williams,
Congregationalist – and the protection of religious freedom.[61]
[N]o man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
Those sentiments also found expression in the First Amendment of the national constitution, part of the United States' Bill of Rights: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...". The acknowledgement of religious freedom as the first right protected in the Bill of Rights points toward the American founders' understanding of the importance of religion to human, social, and political flourishing. The First Amendment makes clear that it sought to protect "the free exercise" of religion, or what might be called "free exercise equality."[8]
The United States formally considers religious freedom in its foreign relations. The International Religious Freedom Act of 1998 established the United States Commission on International Religious Freedom which investigates the records of over 200 other nations with respect to religious freedom, and makes recommendations to submit nations with egregious records to ongoing scrutiny and possible economic sanctions. Many human rights organizations have urged the United States to be still more vigorous in imposing sanctions on countries that do not permit or tolerate religious freedom.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference. Canadian law goes further, requiring that private citizens and companies provide
bona fide occupational requirement, such as a workplace requiring a hard hat.[62] In 2017 the Santo Daime Church Céu do Montréal received religious exemption to use Ayahuasca as a sacrament in their rituals.[63]
International
On 25 November 1981, the United Nations General Assembly passed the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. This declaration recognizes freedom of religion as a fundamental human right in accordance with several other instruments of international law.[64]
However, the most substantial binding legal instruments that guarantee the right to freedom of religion that was passed by the international community is the Convention on the Rights of the Child which states in its Article 14: "States Parties shall respect the right of the child to freedom of thought, conscience and religion. – States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. – Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others."[65]
In 1993, the UN's human rights committee declared that article 18 of the International Covenant on Civil and Political Rights "protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief."[66] The committee further stated that "the freedom to have or to adopt a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views." Signatories to the convention are barred from "the use of threat of physical force or penal sanctions to compel believers or non-believers" to recant their beliefs or convert. Despite this, minority religions still are persecuted in many parts of the world.[67][68]
Secular liberalism
The French philosopher
free competition
amongst religious sects for converts that ensures stability and tranquillity in the long run.
Smith also points out that laws that prevent religious freedom and seek to preserve the power and belief in a particular religion will, in the long run, only serve to weaken and corrupt that religion, as its leaders and preachers become complacent, disconnected and unpractised in their ability to seek and win over new converts:[70]
The interested and active zeal of religious teachers can be dangerous and troublesome only where there is either but one sect tolerated in the society, or where the whole of a large society is divided into two or three great sects; the teachers of each acting by concert, and under a regular discipline and subordination. But that zeal must be altogether innocent, where the society is divided into two or three hundred, or, perhaps, into as many thousand small sects, of which no one could be considerable enough to disturb the public tranquillity. The teachers of each sect, seeing themselves surrounded on all sides with more adversaries than friends, would be obliged to learn that candour and moderation which are so seldom to be found among the teachers of those great sects.[71]
Judaism
Judaism includes multiple streams, such as Orthodox, Reform Judaism, Conservative Judaism, Reconstructionist Judaism, Jewish Renewal and Humanistic Judaism. However, Judaism also exists in many forms as a civilization, possessing characteristics known as peoplehood, rather than strictly as a religion.[72] In the Torah, Jews are forbidden to practice idolatry and are commanded to root out pagan and idolatrous practices within their midst, including killing idolaters who sacrifice children to their gods, or engage in immoral activities. However, these laws are not adhered to anymore as Jews have usually lived among multi-religious communities.
After the conquest of the Kingdoms of Israel and Judea by the Roman Empire, a Jewish state did not exist until 1948 with the establishment of the State of Israel. For over 1500 years Jewish people lived under pagan, Christian, Muslim, etc. rule. As such Jewish people in some of these states faced persecution. From the pogroms in Europe during the Middle Ages to the establishment of segregated Jewish ghettos during World War II. In the Middle East, Jews were categorised as dhimmi, non- Muslims permitted to live within a Muslim state. Even though given rights within a Muslim state, a dhimmi is still not equal to a Muslim within Muslim society.
The State of Israel was established as a Jewish and democratic state after World War II. While the Israeli Declaration of Independence stresses religious freedom as a fundamental principle, in practice most of Israel's governments have depended on ultra-Orthodox parties and have instituted legal barriers that applied to all Jews, regardless of whether they practiced Orthodox Judaism. However, as a nation state, Israel is very open towards other religions and religious practices, including a public Muslim call to prayer chants and Christian prayer bells ringing in Jerusalem. Israel has been evaluated in research by the Pew organization as having "high" government restrictions on religion. The government recognizes only Orthodox Judaism in certain matters of personal status, and marriages can only be performed by religious authorities. The government provides the greatest funding to Orthodox Judaism, even though adherents represent a minority of citizens.[73] Jewish women, including Anat Hoffman, have been arrested at the Western Wall for praying and singing while wearing religious garments the Orthodox feel should be reserved for men. Women of the Wall have organized to promote religious freedom at the Wall.[74] In November 2014, a group of 60 non-Orthodox rabbinical students were told they would not be allowed to pray in the Knesset synagogue because it is reserved for Orthodox. Rabbi Joel Levy, director of the Conservative Yeshiva in Jerusalem, said that he had submitted the request on behalf of the students and saw their shock when the request was denied. He noted: "paradoxically, this decision served as an appropriate end to our conversation about religion and state in Israel." MK Dov Lipman expressed the concern that many Knesset workers are unfamiliar with non-Orthodox and American practices and would view "an egalitarian service in the synagogue as an affront."[75] The non-Orthodox forms of Jewish practice function independently in Israel, except for these issues of praying at the Western Wall.
A January 2022 report by
Holocaust despite normalizing ties with the Jewish state.[76]