Freedom of Thought, Conscience, Religion or Belief
Freedom of thought, conscience, religion or belief (often violate deeply-held moral principles, such as shortened to FoRB) is enshrined in international and conscientious objection to military service. regional human rights frameworks, including Article 18 of the Universal Declaration of Human Rights Religion or belief have more visible, external and numerous OSCE commitments, starting with its components (forum externum). foundational document, the Helsinki Final Act. Respect for FoRB, alongside other human rights and functioning • Freedom of religion or belief is everyone’s democratic institutions, is essential to comprehensive right to choose, hold, change or reject religious and lasting security. or non-religious beliefs, without coercion or discrimination. It is a right for people, not This right protects everyone, and is one of several religions, and protects their choice to remain freedoms that foster pluralism and coexistence within, convert to, or leave a religion or belief, to in diverse societies and contribute to democratic be religious or an atheist, sceptic, or someone participation, including the ability to challenge injustice. indifferent to such matters. It enables individuals to live with dignity and integrity and guarantees respect for personal autonomy while The external component concerns the freedom fostering more peaceful societies. Restrictions on this to practice, worship, teach and observe religious right often signal a broader threat to rights, especially to or belief customs, individually or in community freedom of expression and freedom of association. with others. These cover wide-ranging forms of religious or belief expression, including meeting What is FoRB? to worship, language, dress, rituals, observing days of rest or specific holidays, and public Thought and conscience are often called the internal preaching. parts of the right (forum internum). States should guarantee the communal aspect • Freedom of thought is the right of each individual of FoRB as individuals gather together. States to hold and form their own beliefs, opinions and should not require that religious or belief ideas without coercion or interference. It includes communities obtain legal personality to operate, the ability to think independently, question norms but they should make it easy for any community and develop personal views, e.g., on religion, to obtain legal status to perform basic politics and morality. community needs (e.g., opening a bank account or buying and maintaining a place of worship). • Freedom of conscience empowers each individual to follow their inner sense of right and wrong in Importantly, the internal and external elements of matters of belief, ethics and morality. It protects FoRB are interdependent. The right also overlaps their ability to hold moral or ethical convictions, and is deeply interconnected with other rights, independent of external influence, coercion or such as the freedoms of expression and opinion, punishment, including objection to actions that assembly and association, or the right to privacy. Guaranteeing the right to FoRB Is it ever justified to limit the ODIHR monitoring and support right to FoRB? States have a duty to guarantee FoRB, ODIHR monitors FoRB across the without discrimination, for everyone No one needs permission to enjoy OSCE region and offers guidance, within their territory and jurisdiction. this right in public or private, alone resources and training on this right Unfortunately, social, cultural and legal or with others. in line with OSCE commitments. In barriers can limit how different people this, it is advised by the 17-member are able to exercise this right, alone • The internal components are ODIHR Panel of Experts on or in community. Similarly, a person’s absolute — they cannot be Freedom of Religion of Belief. sex, gender, health, age, ethnicity, limited, restricted or violated religion, belief or social status may under any circumstances. leave them more vulnerable to different • The external expressions types of discrimination, pressure of a religion or belief can Key ODIHR resources or even violence, especially if they be subject to certain legal belong to minority groups, including limitations, but only under strict within their communities. Challenging criteria, as set out in Article 18(3) Belief, Dialogue and widely-accepted religious or belief Security — Fostering of the ICCPR. They must be set dialogue and joint action norms, or choosing to change or leave out in law and necessary to across religious and belief a religious or belief system can place achieve a legitimate aim, such boundaries people at risk. In patriarchal societies, as public safety, order, health, these challenges are often greater for morals or the rights of others. women than for men, due to prevailing They must be proportionate Freedom of Religion or socio-cultural norms. and non-discriminatory. These Belief and Security: Policy Guidance safeguards ensure that any limitations are exceptional, justified and narrowly applied.
• FoRB is non-derogable — Guidelines on the Legal beyond permissible limitations, Personality of Religious or Belief Communities states cannot suspend or restrict its exercise, even during a state of emergency, such as a war.
FoRB can only be fully realized in Guidelines for Review of Getting (the right to) freedom of a society that is governed by the GUIDELINES FOR REVIEW OF LEGISLATION P ERTAINING TO RELIGION OR BELIEF Legislation Pertaining to religion or belief right — short rule of law, where legal frameworks Religion or Belief video series ensure accountability, equality and protection for all.
The Right to Freedom of Thought, Conscience, Religion or Belief of Women at Work All ODIHR resources on FoRB are available at https://www.osce.org/odihr/freedom-of-religion-or-belief.
OSCE Office for Democratic Institutions and Human Rights
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