Freedom of Religion and Belief
What is the freedom of religion and belief?
Freedom of religion and belief is a fundamental human right protected by a number of international treaties and declarations, including article 18(1) of the International Covenant on Civil and Political Rights (ICCPR). This right encompasses freedom of thought on all matters and the freedom to manifest religion and belief individually or with others, in public or in private.
For more information see Article 18: Freedom of religion and belief.
The right to freedom of religion is supported by the right to non-discrimination on the grounds of religion, contained in article 26 of the ICCPR.
International human rights law also protects people against the promotion of religious hatred which amounts to incitement of discrimination, hostility or violence (ICCPR, article 20).
Current projects
See HREOC’s Race Discrimination Unit for more information on current projects regarding freedom of religion and belief.
Past projects
- The Human Rights and Equal Opportunity Commission Act 1986 (Cth): its application to religious freedom and the right to non-discrimination in employment
- Article 18: Freedom of religion and belief (1998)
Information Briefs:
- "Freedom of Religion and Belief," Human Rights Brief No. 3
- "Lawful Limits on Fundamental Freedoms," Human Rights Brief No. 4
The Human Rights and Equal Opportunity Commission Act 1986 (Cth): its application to religious freedom and the right to non-discrimination in employment
This is an information paper only. It is intended to provide general guidance. It is limited to the role and function of the Human Rights and Equal Opportunity Commission as contained in the legislation establishing the Commission.
The paper has been prepared after extensive consultations with interested parties whose views have been taken into consideration in the finalisation of the paper.
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Article 18 Freedom of religion and belief (1998)
This report addresses the human right to freedom of religion and belief in Australia under article 18 of the International Covenant on Civil and Political Rights. The right includes the freedom to have or adopt a religion or belief of one's choice, including theistic, non-theistic and atheistic beliefs.
The freedom of religion and belief extends to the right to manifest one's religion or belief in worship, observance, practice and teaching. The right to manifest a belief is subject only to limitations provided by law which are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.
The report concludes that current laws are inadequate to protect the right to manifest Indigenous beliefs and religious beliefs concerning autopsies and medical procedures such as blood transfusions. It recommends the development of appropriate laws and guidelines which properly accommodate the right to manifest these beliefs and practices. Laws criminalising some Pagan practices are discriminatory, violate the freedom of belief and should be repealed.
The report recommends the enactment of a federal Religious Freedom Act covering all aspects of the right. The Act should make discrimination and vilification on the ground of religion and belief unlawful.
