International Covenant on Civil and Political Rights Article 18 - - PowerPoint PPT Presentation

International Covenant on Civil and Political Rights

Article 18

Everyone shall have the right to freedom of thought, conscience and

• religion. This right shall include freedom to have or to adopt a religion
• r belief of his choice, and freedom, either individually or in

community with others and in public or private, to manifest his religion

• r belief in worship, observance, practice and teaching.

Australian Constitution

Section 116 Commonwealth not to legislate in respect of religion

The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.

Case Law

• The Church of the New Faith v Commissioner for Pay‐roll Tax (Vic)(1983)

Mason J and Brennan J held that “freedom of religion, the paradigm freedom of conscience, is of the essence of a free society”

• Christian Youth Camps Ltd v Cobaw Community Health Services Limited.

Redlich JA: freedom of religion is “a fundamental right because our society tolerates pluralism and diversity and because of the value of religion to a person whose faith is a central tenet of their identity.”

• Latham CJ in Adelaide Company of Jehovah’s Witnesses Inc v

Commonwealth: not all infringements of religion will be invalidated by section 116, only those that exert “undue infringement of religious freedom.”

Section 15 Manifestation of religion and belief Every person has the right to manifest that person's religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.

NZ Bill of Rights Act

NZ Human Rights Act

Section 21 Prohibited grounds of discrimination (1) For the purposes of this Act, the prohibited grounds of discrimination are (c) religious belief (d) ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions

Charter of Human Rights and Responsibilities Act (Vic)

Section 14 Freedom of thought, conscience, religion and belief (1) Every person has the right to freedom of thought, conscience, religion and belief, including—

(a) the freedom to have or to adopt a religion or belief of his or her choice; and (b) the freedom to demonstrate his or her religion or belief in worship,

• bservance, practice and teaching, either individually or as part of a

community, in public or in private.

(2) A person must not be coerced or restrained in a way that limits his or her freedom to have or adopt a religion or belief in worship,

• bservance, practice or teaching.