| Annex II to the Survey of the Americas: Constitutional Protection of Freedom of Conscience and Religion |
| International Conscientious Objection |
Annex II to the Survey of the Americas: Constitutional Protection of Freedom of Conscience and ReligionARGENTINA: 1853 Preamble Article 2 Article 14 Article 19 BOLIVIA: 1967 Article 3 Article 6 The dignity and freedom of the person are inviolable. To respect them and protect them is a primary duty of the State. BELIZE: 1981 Preamble WHEREAS the People of Belize-- (a) affirm that the Nation of Belize shall be founded upon principles which acknowledge the supremacy of God, faith in human rights and fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator; Section 3 (d) recognize that men and institutions remain free only when freedom is founded upon respect of moral and spiritual values and upon the rule of law; (e) require policies of state which protect and safeguard the unity, freedom, sovereignty and territorial integrity of Belize; which eliminate economic and social privilege and disparity among the citizens of Belize whether by race, colour, creed or sex...Whereas every person in Belize is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place or origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely (a) life, liberty, security of the person, and the protection of the law; (b) freedom of conscience, of expression and of assembly and association; (c) protection for his family life, his personal privacy, the privacy of his home and other property and recognition of his human dignity; and (d) protection from arbitrary deprivation of property, The provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest. Section 11 (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a naval, military or air force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own. (3) Every recognized religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not it is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education. (4) A person shall not be compelled to take any oath in a manner which is contrary to his religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-- (a) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; or (c) for the purpose of regarding educational institutions in the interest of the persons who receive or may receive instruction in them (6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. Section 16 (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect. (2) Subject to the provision of subsections (6) (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person or authority. (3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective description by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. BRAZIL, FEDERAL REPUBLIC OF: 1988 Article 3 The following constitute the fundamental purposes of the Federative Republic of Brazil: IV. To promote the welfare of all, without regard to origin, race, sex, color, age, or any other forms of discrimination. Article 5 All are equal before the law, without distinction of any sort. Both Brazilians and aliens resident in Brazil are guaranteed the inviolability of the right to life, liberty, equality, security, and property, under the following terms VI. The freedom of conscience and belief is inviolable, the freedom to hold religious services is assured, and protection of the sites of religious services and their liturgies is guaranteed pursuant to law; VII. The rendering of religious assistance in civilian and military collective confinement facilities is assured under the law; VIII. No one shall be deprived of rights by reason of religious belief or philosophical or political conviction, unless the individual invokes them to gain exemption from a legal obligation that is imposed upon all and refuses to perform alternative service as established by law; Article 143 Military service is obligatory, pursuant to law. Paragraph 1. The Armed Forces have authority, pursuant to law, to assign alternative service to those who, in time of peace and after having registered, invoke the dictates of conscience, such being understood as deriving from religious belief and philosophical or political conviction, in order to exempt themselves from activities of an essentially military nature. Paragraph 2. Women and clergymen are exempt from compulsory military service in time of peace but may, however, be subject to such other responsibilities as the law may assign to them. CANADA, DOMINION OF: 1867 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Section 2 Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association COLOMBIA, REPUBLIC OF: 1991
The people of Colombia, In the exercise of their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God . . . Article 2 . . . The authorities of the Republic are established in order to protect all individuals residing in Colombia, in their life, honor, property, beliefs, and other rights and freedoms, and in order to insure the fulfillment of the social duties of the state and individuals. Article 13 All individuals are born free and equal before the law, will receive equal protection and treatment from the authorities, and will enjoy the same rights, freedoms, and opportunities without any discrimination on account of gender, race, national or family origin, language, religion, political opinion, or philosophy. The state will promote the conditions so that equality may be real and effective and will adopt measures in favor of groups which are discriminated against or marginalized . . . Article 18 Freedom of conscience is guaranteed. No one will be importuned on account of his/her convictions or beliefs or compelled to reveal them or obliged to act against his/her conscience. Article 19 Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faith and churches are equally free before the law. COSTA RICA: 1949 Article 28 No one may be disturbed or molested for an expression of his opinions nor for any act which does not infringe the law. Private actions which do not harm public morals or order or which do no injury to others are outside the scope of the law. However, no political propaganda may be carried on in any way by clerical or secular persons invoking religious motives or making use of religious beliefs. CUBA, REPUBLIC OF: 1976 Article 54 The socialist state, which bases its activity and educates the people in the scientific materialist concept of the universe, recognizes and guarantees freedom of conscience and the right of everyone to profess any religious belief and to practice, within the framework of respect for the law, the belief of his preference. The law regulates the activities of religious institutions. It is illegal and punishable by law to oppose one's faith or religious belief to the Revolution; to education, or to the fulfillment of one's duty to work, defend the homeland with arms, show reverence for its symbols and fulfill other duties established by the Constitution. DOMINICAN REPUBLIC: 1966 8. Freedom of conscience and of worship, subject to respect for public order and good customs. ECUADOR, REPUBLIC OF: 1979 Preamble The Republic of Ecuador, faithful to its historical origins and decided to progress in the realization of its destiny, in the name of its people, invokes the protection of God and is organized fundamentally, by means of this Political Constitution. Article 19 Without prejudice to other rights necessary for a complete moral and material development that derives from the person's nature, the State guarantees: Article 27 6-Freedom of conscience and of religion, individually and collectively, in public and in private. Persons can freely practice the faith that they prefer, except for the limitations prescribed by law to protect the security, public morality and fundamental rights if other persons. 15-The right to privacy concerning political and religious convictions. No one may be required to declare his convictions except in the cases prescribed by law. EL SALVADOR: 1983 Article 25 The free exercise of all religions, without other restriction than that required by morals or the public order, is guaranteed. No religious act shall serve as evidence of the civil status of persons.
GUYANA, CO-OPERATIVE REPUBLIC OF: 1980 Article 1 Guyana is an indivisible, secular, democratic sovereign state in the course of transition from capitalism to socialism and shall be known as the Co-operative Republic of Guyana. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) No religious community shall be prevented from providing religions instruction for persons of that community. (3) Except with his own consent (or, if he is a person who has not attained the age of eighteen years, the consent of his guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own. (4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision that is reasonably required. I. in the interests of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the intervention of members of other religion; b. with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places. 6. References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly. Article 40 (1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely ¾
(2) The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. Article 149 (1) Subject to the provisions of this article ¾
(2) In this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description. HAITI: 1987 Article 30 All religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order. Article 30-1 No one may be compelled to belong to a religious organization or to follow a religious reaching contrary to his conviction. Article 30-2 The law establishes the conditions for recognition and practice of religions and faiths. HONDURAS: 1982 Article 77 The free exercise of all religions and cults is guaranteed without predominance, provided they do not violate the law and public policy. Ministers of the various religions may not hold public office or engage in any form of political propaganda, invoking religious motives or, as a means to such end, thus taking advantage of the religious beliefs of the people. NICARAGUA: 1986 Article 14 The state has no official religion. Article 29 All persons have the right to freedom of conscience, thought and religion, including the right not to profess a religion. No one shall be the object of coercive measures which diminish these rights, or be obligated to declare his or her creed, ideology or beliefs. PANAMA: 1973 Article 34 The profession of all religions is free, as is the practice of all forms of worship, without any limitation other than respect for Christian morality and public order. It is recognized that the Catholic religion is that of the majority of Panamanians. Article 35 Religious organizations have legal capacity and they manage and administer their property within the limits prescribed by law, the same as other juridical persons. PARAGUAY: 1992 Article 24. Freedom of Religion and Ideology The freedoms of religion, worship and ideology are recognized and are subject only to those limitations established by the Constitution and by law. ... No one will be importuned, investigated or obligated to divulge their beliefs or ideology. Article 37. Conscientious Objection Conscientious objection is recognized in those cases admitted by the Constitution and the law. Article 129. Military Service All Paraguayans are obliged to participate in the armed defense of the nation. Those who declare their conscientious objections will perform alternative service benefiting the civilian population. PERU: 1979 Article 2 Every person has the right: (3) To freedom of conscience and religion in individual or collective form. There can be no persecution because of ideas or beliefs. The public exercise of all faiths is free as long as it does not offend morals or disturb the public order. (17) Not to disclose one's political, philosophic, religious, or any other convictions. UNITED STATES OF AMERICA: 1788 Article VI [no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.] 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.... URUGUAY: 1967 Article 5 All religious sects are free in Uruguay. The State supports no religion whatever. It recognizes the right of the Catholic Church to ownership of all temples which have been built wholly or partly from funds of the National Treasury, with the sole exception of chapels dedicated for use by asylums, hospitals, prisons, or other public establishments. It likewise declares exempt from all forms of taxes the temples dedicated to worship by the various religious sects. VENEZUELA Article 65 Everyone has the right to profess his religious faith and to practice his religion privately or publicly, provided it is not contrary to the public order or to good customs. Religious faiths shall be subject to the supreme inspection of the National Executive, in conformity with the law. No one may invoke religious beliefs or disciplines in order to avoid complying with the laws or to prevent another from exercising his right. |