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www.ReligionLaw.co.uk
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International
There
are two main international documents relating to freedom of Religion
Article 18 of the United Nations Universal Declaration of Human
Rights
“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 worship, teaching, practice and observance.”
The UN General Assembly has also adopted A Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
On the 12th April 2005 the UN Commission on Human Rights adopted a Resolution on the Defamation of Religion. which made specific reference to Islam and
"expressed deep concern that Islam was frequently and wrongly associated with human rights violations and terrorism"
Several countries (including Britain) voted against the Resolution because they objected to Defamation of Islam being specifically singled out for mention. The resolution however has no legal significance.
There are other UN Documents relating to Religion
In
English Law it is Article 9 of the European Convention which is legally
significant since the Convention is incorporated into English law by The Human Rights Act 1998. Article 9
has also been reinforced by Section 13 of that Act
“If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right”.
Several other Jurisdictions have various types of Blasphemy or Religious Vilification laws. The one that has aroused the most comment in Britain being the Religious Vilification Laws in Australia. The Blasphemy Law of Pakistan is also regarded as unusually draconian
Defining Religion in American
Law
British Columbia Religious Discrimination
Legislation
History and effect
of Pakistan Blasphemy Law
The
Crime of Apostasy in Islam
Comparison of laws relating to Polygamous Marriage
Contact NEIL ADDISON at
Religion
Law