Everything about Religious Freedom totally explained
Freedom of religion is the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It is generally recognized to also include the freedom to change religion or to not follow any religion. Freedom of religion is considered by many in many nations and people to be a fundamental
human right.
In a country with a
state religion freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and doesn't persecute believers in other faiths.
Today there are concerns about the persecution of religious minorities in the
Muslim world and in some
Communist states such as
China and
North Korea, as well as other forms of intolerance in other countries, for example banning the wearing of prominent religious articles such as the
Muslim veil in some contexts in European countries. Freedom of religion as a legal concept is related to, but not identical with,
religious toleration,
separation of church and state, or
laïcité (a
secular state).
Where individuals and not governments are concerned, religious toleration is generally taken to refer to an attitude of acceptance towards other people's religions. Such toleration doesn't require that one view other religions as equally true; rather, the assumption is that each citizen will grant that others have the right to hold and practice their own beliefs. Against this backdrop proselytism can be a contentious issue, as it could be regarded as an offense against the validity of others' religious beliefs, including the belief in no religion at all.
The
Universal Declaration of Human Rights adopted by the fifty eight Member States of the
United Nations General Assembly on
December 10 1948, at the
Palais de Chaillot in
Paris,
France defines freedom of religion and belief as follows: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance."
History of freedom of religion
Historically
freedom of religion has been used to refer to the tolerance of different theological systems of belief, while
freedom of worship was defined as freedom of individual action. Each of these have existed to varying degrees. While many countries have accepted some form of religious freedom, this has also often been limited in practice through punitive taxation, repressive social legislation, and political disenfranchisement. Compare examples of individual freedom in
Italy or the
Muslim tradition of
dhimmis, literally "protected individuals" professing an officially tolerated non-Muslim religion.
Antiquity
In
Antiquity a
syncretic point-of-view often allowed communities of traders to operate under their own customs. When street mobs of separate quarters clashed in a
Hellenistic or
Roman city, the issue was generally perceived to be an infringement of community rights. The Greek-Jewish clashes at
Cyrene provided one example of cosmopolitan cities as scenes of tumult.
Some of the historical exceptions have been in regions where one of the revealed religions has been in a position of power:
Judaism,
Zoroastrianism,
Christianity and
Islam. Others have been where the established order has felt threatened, as shown in the
trial of Socrates or where the ruler has been deified, as in Rome, and refusal to offer token
sacrifice was similar to refusing to take an
oath of allegiance. This was the core for resentment and the
persecution of early Christian communities.
The first mother of religious freedom was established in the ancient
Persian Empire by its founder
Cyrus the Great in the 6th century BC, as stated in his
Cyrus cylinder.
Freedom of religious worship was established in the
Maurya Empire of
ancient India by
Ashoka the Great in the 3rd century BC, which was encapsulated in the
Edicts of Ashoka.
Europe
The Norman
Kingdom of Sicily under
Roger II was characterised by its multi-ethnic nature and religious tolerance. Normans, Jews, Muslim Arabs, Byzantine Greeks, Longobards and "native" Sicilians lived in harmony. Rather than exterminate the Muslims of Sicily, Roger II's grandson Emperor
Frederick II of Hohenstaufen (1215—1250) allowed them to settle on the mainland and build mosques. Not least, he enlisted them in his — Christian — army and even into his personal bodyguards.
The General Charter of Jewish Liberties known as the
Statute of Kalisz was issued by the Duke of
Greater Poland Boleslaus the Pious on
September 8 1264 in
Kalisz. The statute served as the basis for the legal position of Jews in Poland and led to creation of the
Yiddish-speaking autonomous Jewish nation until 1795. The statute granted exclusive jurisdiction of
Jewish courts over Jewish matters and established a separate tribunal for matters involving Christians and Jews. Additionally, it guaranteed personal liberties and safety for Jews including freedom of religion, travel, and trade. The statute was ratified by subsequent Polish Kings:
Casimir III of Poland in 1334,
Casimir IV of Poland in 1453 and
Sigismund I of Poland in 1539.
After the fall of the city of
Granada Spain in 1492 the Muslim population was promised religious freedom by the
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'd 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.
The
Roman Catholic Church 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
July 6 1415. The Council also decreed that Wycliffe's remains be disinterred and cast out. This decree wasn't carried out until 1428.
Martin Luther published his famous 95 Theses in
Wittenberg on
October 31 1517. His aim was to stop the sale of
indulgences and reform the Church from within, but this wasn't the result. In 1521 he was given the chance to recant at the
Diet of Worms before
Charles V, Holy Roman Emperor, then only 19. 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.
The
Protestant movement, however, 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. The Catholics were victorious, and Zwingli was killed in battle in 1531. The Catholic cantons were magnanimous in victory.
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.
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 wasn't without internal opposition, and
Thomas More, who had been his prime minister, was executed in 1535 for opposition to Henry.
In 1535 the Swiss canton of
Geneva became Protestant, but the Protestants often proved as intolerant of differences of opinion as the Catholics. 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
Mary I of England returned that country briefly to the Catholic fold in 1553. However, her half-sister,
Elizabeth I of England was to restore the
Church of England in 1558, this time permanently. The
King James Bible commissioned by King
James I of England and published in 1611 proved a landmark for Protestant worship.
However, intolerance of dissident forms of Protestantism continued, as evidenced by the exodus of the
Pilgrims who sought refuge, first in the
Netherlands, and ultimately in America, founding the
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 law 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.
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 wasn't necessarily religious tolerance. Citizens of other faiths could relocate to a more hospitable environment.
In 1558 the
Transylvanian
Diet of
Turda declared free practice of both the
Catholic and
Lutheran religions, but prohibited
Calvinism. Ten years later, in 1568, the Diet extended the freedom to all religions, declaring that "It isn't allowed to anybody to intimidate anybody with captivity or expelling for his religion". The Edict of Turda is considered by mostly Hungarian historians as the first legal guarantee of religious freedom in the Christian Europe.
In France, although peace was made between Protestants and Catholics at the
Treaty of Saint Germain in 1570, persecution continued, most notably in the
Massacre of Saint Bartholomew's Day on
August 24 1572, in which many Protestants throughout France were killed. It wasn't until the converted Protestant prince
Henry IV of France came to the throne that religious tolerance was formalized in the
Edict of Nantes in 1598. It would remain in force for over 80 years until its revocation in 1685 by
Louis XIV of France. Intolerance remained the norm until the
French Revolution, when state religion was abolished and all Church property confiscated.
In 1573 the
Warsaw Confederation formalized, in the newly formed
Polish-Lithuanian Commonwealth, the freedom of religion that had a long tradition in the
Kingdom of Poland. The first extensive
Jewish emigration from Western Europe to Poland occurred at the time of the
First Crusade in 1098. Under
Boleslaus III (1102–1139), the Jews, encouraged by the tolerant régime of this ruler, settled throughout Poland, including over the border into
Lithuanian territory as far as
Kiev. The
Tatars who settled in Lithuania, Ruthenia and modern-day eastern Poland were allowed to preserve their
Islamic religion in exchange for military service.
Bohemia (present-day
Czech Republic) enjoyed religious freedom between 1436 and 1620, 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.
United States
» See also: Freedom of Religion in the United States
Some of the early colonies, although many of them were founded as a result of religious persecution, were not tolerant of dissident forms of worship. For example,
Roger Williams found it necessary to found a new colony in
Rhode Island to escape persecution in the theocratically dominated colony of Massachusetts.
It wasn't until the 18th century that
Enlightenment concepts of freedom of individual worship gained ground both in Europe and America.
The modern legal concept of religious freedom as the union of
freedom of belief and
freedom of worship with the absence of any state-sponsored religion, originated in the
United States of America.
This issue was addressed by
Thomas Paine in his pamphlet,
Common Sense (1776):
» "As to religion, I hold it to be the indispensable duty of all government, to protect all conscientious professors thereof, and I know of no other business which government hath to do therewith…
The
Virginia Statute for Religious Freedom, written in 1779 by
Thomas Jefferson, proclaimed:
» "[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."
Asia
Freedom of religion in the
Indian subcontinent is exemplified by the reign of King Piyadasi (304 B.C to 232 B.C) (
Asoka). One of King Asoka'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
Asoka:
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's 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. |
Religious freedom and the right to worship freely was a practice that had been appreciated and promoted by most ancient India dynasties. This had been the underlying attitude of most rulers of
India since this period from before 300 B.C. until 1200 AD. The initial entry of
Islam into
South Asia came in the first century after the death of the Prophet
Muhammad. When around 1210 AD the
Islamic Sultanates invaded India from the north-east, gradually the principle of freedom of religion deteriorated in this part of the world. They were subsequently replaced by another
Islamic invader in the form of
Babur. The
Mughal empire was founded by the Mongol leader
Babur in 1526, when he defeated
Ibrahim Lodi, the last of the
Delhi Sultans at the
First Battle of Panipat. The word "Mughal" is the Indo-Iranian version of
Mongol.
Contemporary debates
The contemporary idea of religious freedom as a human right remains a contested topic. The major areas of debate are listed below.
Islam
Some Islamic theologians quote the
Quran ("There is no compulsion in religion," Sura 2:257, and "Say: O you who reject faith, I don't worship what you worship, nor do you worship what I worship...To you be your religion, and to me be mine," Sura 109:1-6) to show scriptural support for religious freedom. However, other verses and the Hadith mandate severe treatment for unbelievers, which is reflected in the high levels of intolerance shown in many past and contemporary Islamic societies, and some Muslim scholars have disagreed with such ill-treatment. The slaughtering of Pagans, Christians and Jews was during the time of war (Battle of Badr) only against those who wish to harm the Muslims, and some Muslims have make this an excuse to the extend of executing apostates who leave Islam. In Sura 5:3, believed to be the last of God's revelation to Muhammad, is states that Muslims are to fear God and not those who reject Islam, and 53:39 every one is accountable only to one's own actions. Given that there's no clear evidence of indicating harm towards non-Muslims, it postulates that people are to be given religious freedom, even for the apostates, and every individual is answerable to God.
In
Iran, the constitution recognizes four religions whose status is formally protected: Zoroastrianism, Judaism, Christianity, and Islam. The constitution, however, also set the groundwork for the institutionalized
persecution of Bahá'ís, who have been subjected to arrests, beatings, executions, confiscation and destruction of property, and the denial of civil rights and liberties, and the denial of access to higher education. no other religious affiliation is officially admissible. The ruling leaves members of other religious communities, including Bahá'ís, without the ability to obtain the necessary government documents to have rights in their country, essentially denying them of all rights of citizenship.
In fact, the fundamental Christian belief that non-Christians need to be converted to Christianity in order to be "saved" is an affront to the religious freedom of those who follow other faiths or identify as atheists. Because of this central belief, Christianity has been said to be inherently counter to religious freedom, and many Christians have denounced this proselytizing aspect of their faith.
Changing religion
Among the most contentious areas of religious freedom is the "Right to Change" one's religion.
Other debates have centered around restricting certain kinds of missionary activity by religions. Many Islamic states, and others such as China, severely restrict missionary activities of other religions.
Greece, among European countries, has generally looked unfavorably on missionary activities of denominations others than the majority church and proselytizing is constitutionally prohibited.
A different kind of critique of the freedom to propagate religion has come from non-Abrahamic traditions such as the African and Indian. African scholar
Makau Mutua criticizes religious evangelism on the ground of cultural annihilation by what he calls "proselytizing universalist faiths."
the (human) rights regime incorrectly assumes a level playing field by requiring that African religions compete in the marketplace of ideas. The rights corpus not only forcibly imposes on African religions the obligation to compete—a task for which as nonproselytizing, noncompetitive creeds they're not historically fashioned—but also protects the evangelizing religions in their march towards universalization … it seems inconceivable that the human rights regime would have intended to protect the right of certain religions to destroy others. |
Some Indian scholars have similarly argued that the right to propagate religion isn't culturally or religiously neutral.
In
Sri Lanka there have been debates regarding a bill on religious freedom that seeks to protect indigenous religious traditions from certain kinds of missionary activities. Debates have also occurred in various states of
India regarding similar laws, particularly those that restrict conversions using force, fraud or allurement.
Secular law
Religious practice may also conflict with secular law creating debates on religious freedom. For instance, even though
polygamy is permitted in Islam it's prohibited in secular law in many Western countries. Does prohibiting polygamy then curtail the religious freedom of Muslims? The USA and India have taken two different views of this. In India polygamy is permitted, but only for Muslims, under Muslim Personal Law. In the USA polygamy is prohibited for all. This was a major source of conflict between the early
Mormon Church and the United States until the Church amended its position on polygamy.
Similar issues have also arisen in the context of the religious use of
psychedelic substances by Native American tribes in the United States as well as other Native practices.
International law
In international law the freedom of
religion and belief is protected by the
International Covenant on Civil and Political Rights (ICCPR). This protection extends to specifically non-religious beliefs, such as
Humanism.
US foreign relations
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 don't permit or tolerate religious freedom.
Some critics charge that the United States policy on religious freedom is largely directed towards the rights of Christians, particularly the ability for Christian missionaries to evangelize, in other countries.
Timeline
- 313 - Constantine I becomes the first Christian Emperor and ends persecution of Christians in the Roman Empire
- 1549 - first English Act of Uniformity
- 1571, January 11 - religious toleration was granted to Austrian nobles;
- 1573, January 28 - Warsaw Confederation granting religious toleration;
- 1598, April 13 - King Henry IV of France issued the Edict of Nantes, allowing religious toleration of the Huguenots;
- 1609, July 6 - Bohemia was granted religious toleration;
- 1657, April 20 - New Amsterdam granted religious toleration to Jews;
- 1685, October - the Edict of Fontainebleau was issued, revoking the Edict of Nantes and making Protestantism illegal in France.
- 1689 - Act of Toleration - England
- 1786 - The Virginia Statute for Religious Freedom passed. Drafted by Thomas Jefferson this law prevented any religion from being established in Virginia.
- 1791 - 1st amendment to US Constitution passed, stating, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…";
- 1829, April 13 - British Parliament granted Catholic Emancipation in the spirit of religious toleration;
- 1864 - In the Syllabus of Errors, Pope Pius IX condemned as an error the belief that "[e]very man is free to embrace and profess that religion which, guided by the light of reason, he'll consider true." (Pope Pius IX. (1864). Allocution "Maxima quidem," June 9, 1862; Damnatio "Multiplices inter," June 10, 1851.
- 1965, December 7 - Dignitatis Humanae: "This Vatican Council declares that the human person has a right to religious freedom (...) the right to religious freedom has its foundation in the very dignity of the human person as this dignity is known through the revealed word of God and by reason itself"
- 1988, April 29 - in the spirit of Glasnost, Soviet Union leader Mikhail Gorbachev promised increased religious toleration.
Further Information
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