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Article 18 | Human Rights Committee General Comment | Commission work | More information | Comments Article 18Article 18 of the ICCPR states:
This right has been examined in detail by the United Nations Human Rights Committee (see below) and by the Commission in the work available through our Freedom of Religion and Belief project page General CommentThe Human Rights Committee has made extensive comments in its General Comment No. 22: The right to freedom of thought, conscience and religion. Headings and notes have been added here to sections of this Comment for ease of reading. Freedom of thought, conscience, religion and belief is fundamental
"Belief" and "religion" should be interpreted broadly
Freedom to have (as distinct from manifesting) a religion or belief is absolute
Freedom to manifest religion or belief has individual and collective aspects and is wide ranging
[ Note: For further information in this area, see the notes on this site on freedom to believe and the freedom to manifest that belief and the collective aspect of freedom to manifest religion or belief. ] Freedom to have or adopt a religion or belief includes the right to change and freedom from coercion affecting choice of religion or belief
Teaching of a religion in public schools must respect the wishes of parents
Manifestation of religion or belief must not may amount to propaganda for war or advocacy of hatred that constitutes incitement to discrimination, hostility or violence
[Note: In ratifying the ICCPR Australia reserved the right not to introduce further laws to implement Article 20. It did not reject the substance of Article 20, but indicated (as the Human Rights Committee has also said) that Article 20 should be interpreted consistently with Article 19. } Freedom to manifest religion or belief may be limited but only by law and only where necessary on grounds specified by Article 18
[Note: For further information in this area see the notes on this site on Permissible limitations on freedom to manifest religion or belief and Balancing freedom of religion and other rights: European approaches . ] Official or majority status of a religion or belief must not disadvantage adherents of other religions or beliefs
Conscientious objection to military service must be accommodated
Commission workSee our freedom of religion and belief project page for links to projects, speeches and papersFreedom of religion and belief in Australian lawFor more detail see:
Constitutional lawWhile there is some protection given to religious freedom in the Australian Constitution, it is far from comprehensive. Section 116 prohibits the Commonwealth Parliament from enacting legislation that would prohibit the free exercise of religion or establish a religion. This constitutional protection is, however, limited in a number of ways.
Interpretation of s116 by the High Court has in most respects been restrictive and limiting. Statutory protectionRejection of proposals for a Bill of Rights to give effect to Australia's obligations under the ICCPR, and of the proposal by the Commission for specific Religious Freedom legislation, means that there is no comprehensive Commonwealth legislation that protects religious freedom or prohibits discrimination on the basis of religion or belief. Common lawAs discussed on our Common law rights and human rights scrutiny page, there are presumptions in statutory interpretation that Parliament did not intend to limit fundamental rights, and intended to legislate consistently with Australias's international obligations including under human rights treaties. As well as being included in Australia's international obligations through ICCPR Article 18, religious freedom has been recognised as among the common law rights covered by the common law presumption. The presumptions regarding common law rights and regarding consistency with Australia's international obligations are both, however subject to being dispaced by sufficiently clear words in legislation. More information
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