Freedom of Belief
Law on freedom of ‘religion or belief’
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.
Article 9 of the ECHR has been tested in a number of court cases in Europe with the result that European law has moved in the direction of recognising a category of ‘religion or belief’, treated almost as a single category with ‘belief’ having a wide, but not vacuous, interpretation:
As enshrined in Article 9, freedom of thought conscience and religion is one of the foundations of a ‘democratic society’ within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, sceptics and the unconcerned. – Kokkinakis v Greece: (1994) 17 EHRR 397, para 31.
The right to freedom of religion as guaranteed under the Convention excludes any discretion on the part of the State to determine whether religious beliefs or the means used to express such beliefs are legitimate. - Manoussakis v Greece: (1996), EHRR 387, para 47
‘Belief’ means more than just ‘mere opinions or deeply held feelings’; there must be a holding of spiritual or philosophical convictions which have an identifiable formal content. – McFeely v UK: (1981), 3 EHRR 161.
‘beliefs’ . . . denotes a certain level of cogency seriousness cohesion and importance. - Campbell and Cosans v. UK: (1982), 4 EHRR 293 para 36.
Humanism is a lifestance or worldview which meets the requirements set out in the above quotations: it is more than just mere opinions or deeply held feelings; it involves the holding of spiritual or philosophical convictions which have an identifiable formal content, and its tenets are cogent, serious, coherent and important. It is clear therefore that Humanism is a ‘belief’ in terms of Article 9. Indeed this was taken for granted in one UK case: re Crawley Green Road Cemetery, Luton St Alban’s Consistory Court: December 2000.
These cases, then, have shown beyond doubt that Article 9 embraces not only religious beliefs but also non-religious beliefs such as Humanism. Thus we are able to base much of campaigning on firm human rights grounds, as shown by many items in this part of the website.
Our approach is reinforced by Article 14 of the ECHR which requires that Convention rights and freedoms ‘be secured without discrimination on any ground’ including religion etc, and section 6 of the Human Rights Act makes it ‘unlawful for a public authority to act in a way which is incompatible with a Convention right’. Moreover, section 3 of the Human Rights Act declares:
So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way that is compatible with the Convention rights.
The phrase ‘religion or belief’ is also used in Article 18 of the International Covenant on Civil and Political Rights:
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice or teaching.
This was glossed by the UN Human Rights Committee in General comment 22 (30/07/93):
Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions.
The phrase has also been adopted in the European Union directive on religious and other discrimination in employment, for example in the Council directive 2000/78/EC of 27 November 2000:
The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the Member States the principle of equal treatment.
This directive was given effect in the UK through the Employment Equality (Religion or Belief) Regulations 2003.