Definition and Importance
Freedom of Religion and Belief (FoRB) is the right of individuals to hold and practice their religious beliefs or to choose not to follow any religion at all. This principle is enshrined in various international human rights documents, including Article 18 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It is considered essential for fostering tolerance, respect for diversity, and social cohesion within societies.
Freedom of Religion in Kenya
Kenya’s Constitution guarantees freedom of religion, allowing individuals to practice their beliefs without discrimination, although recent legal developments may impact this freedom. Key provisions include:
Right to Freedom of Religion (Article 32): Every person has the right to freedom of conscience, religion, thought, belief, and opinion. This includes the right to manifest any religion or belief through worship, practice, teaching, or observance, either individually or in community with others.
Non-Discrimination (Article 27): The Constitution prohibits discrimination based on religion, ensuring that individuals cannot be denied access to institutions, employment, or facilities due to their beliefs.
No State Religion (Article 8): There is no state religion in Kenya, which further supports the pluralistic nature of the society.
Legal Limitations on Religious Expression
Legal limitations on religious expression serve to balance individual freedoms with societal interests and public safety. These limitations are often rooted in relevant laws that restrict activities which may cause harm, disrupt order, or infringe on the rights of others.
For example, laws prohibiting religious practices that involve violence or extremism are designed to maintain public security. Similarly, regulations restricting the display of religious symbols in certain governmental or educational settings aim to preserve secularism while respecting religious diversity.
Courts often evaluate whether restrictions on religious expression are justified as necessary and proportionate responses to compelling interests.
International Legal Protections
International Treaties
Freedom of religion is protected by numerous international treaties and declarations, which affirm the right to practice one’s religion freely and without coercion. These include the European Convention on Human Rights and the American Convention on Human Rights.