|
The Human
Rights Act’s 1998 UK Article 9: Freedom of thought, belief and religion Demeanour It includes the right to
change your religion or beliefs at any time. You also have the right to put your thoughts and
beliefs into action. This could include your right to wear religious
clothing, the right to talk about your beliefs or take part in religious
worship. Public authorities cannot stop you practising your religion, without
very good reason – see the section on restrictions below. Are there any restrictions to this right? Public authorities cannot interfere with your
right to hold or change your beliefs, but there are some situations in which
public authorities can interfere with your right to manifest or show your
thoughts, belief and religion. This is only allowed where the authority can
show that its action is lawful, necessary and proportionate in order to
protect: ·
public safety ·
public order ·
health or morals, and ·
the rights and freedoms of other
people. Action is ‘proportionate’ when it is appropriate
and no more than necessary to address the problem concerned. Using this right – example The European Court of Human Rights has found that
a person cannot be forced to demonstrate views or behaviour associated with a
particular religion. This means, for example, that public authorities should
take care when using procedures that involve the swearing of oaths. A
requirement to swear on a religious text, such as the Bible, would breach
human rights law. An alternative form of affirmation should be available that
isn’t connected with religion. (Example taken from Human rights, human
lives: a guide to the Human Rights Act for public authorities.) What the law says; Article 9: Freedom of thought, conscience and
religion 1.
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. 2.
Freedom to manifest one’s religion or beliefs
shall be subject only to such limitations as are prescribed by law and are
necessary in a democratic society in the interests of public safety, for the
protection of public order, health or morals, or for the protection of the
rights and freedoms of others. Example case - R (Williamson and others) v Secretary of
State for Education and Employment and others [2005] A group of parents and teachers tried
unsuccessfully to use Article 9 to overturn the ban on corporal punishment of
children in schools. They believed that part of the duty of education in the
Christian context was for teachers to assume the parental role and administer
physical punishment to misbehaving children. The House of Lords rejected the
case because the parents’ rights under Article 9 were restricted by the need
to protect children from the harmful effects that corporal punishment might
cause – a punishment that involves deliberately inflicting physical violence.
The House of Lords concluded that the vulnerability of children made the
legislation necessary and that the statutory ban on corporal punishment in
schools pursued a legitimate aim and was proportionate. (Case summary taken from Human rights, human
lives: a guide to the Human Rights Act for public authorities. Download the
publication for more examples and legal case studies that show how human
rights work in practice.) |