Religious beliefs have long been one of the main causes of enmity and war among humans. Many people have been killed or subjected to torture and persecution because of their religion. In modern times, we can also see examples of major wars between followers of different beliefs. Therefore, human rights must have an appropriate approach to this issue in order to prevent injustice. In this article, we will try to examine the place of beliefs in human rights.

Beliefs and doctrines in the Universal Declaration of Human Rights.

Article 18 of the Universal Declaration of Human Rights is the most explicit section regarding religion, and its text is as follows: “Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief, and freedom to express one’s beliefs and faith, as well as the right to practice and observe religious teachings and ceremonies. Everyone has the right to enjoy these rights individually or in community, privately or publicly.”

Other provisions also promote freedom of belief along with other issues in various forms. Article 19 emphasizes freedom of belief and expression and the spread of ideas, Article 2 promotes equality among followers of different beliefs and non-discrimination between them in the use of human rights laws, and Article 16 emphasizes the freedom of marriage for individuals regardless of their beliefs. Additionally, Articles 28 and 29 aim to protect the rights and freedoms of all members of society.

In this way, individuals should be able to freely choose or change their preferred religion and practice its teachings. For example, they should be able to pray in private, fast, or hold religious ceremonies. They should also be able to express and expand their beliefs and create groups of followers of different religions. The majority of society should not cause harm to religious minorities or impose beliefs on individuals. Naturally, not insulting the beliefs of others is a necessary action for believers in human rights, but criticism of issues is allowed. The tangible manifestation of these issues in advanced countries is that people rarely question each other’s beliefs. Of course, individuals can have differences with believers of certain religions in private, and for example, not have relationships with some, but they should not oppress anyone.

Alongside these issues, it must be emphasized that no one should use religion as a means to harm others and violate the rights of society. Article 29 of the Declaration generally emphasizes: “Everyone is subject to restrictions on the exercise of their rights and freedoms, which are prescribed by law and solely for the purpose of securing, recognizing, and respecting the rights and freedoms of others, and for the proper observance of ethical requirements and public order and the well-being of society in a democratic society.”

In general, individuals are free in all aspects and including religion, unless they harm others according to the law. Laws regarding harm to others or limits of freedom are defined to a large extent in democratic countries, but there may be slight differences in some regions.

In the discussion of religious freedom, no one can impose their beliefs on others or even advise others if they do not wish to. No one has the right to practice any religious teachings in a way that would harm others. For example, making loud noises that disturb people or praying in the middle of a busy highway. Another example is the issue of hijab, which is optional in almost all democratic countries and individuals can choose to wear it or not. However, if someone covers themselves completely and authorities become suspicious, they can force them to show their face. The government may also prevent the formation of violent religious groups so as not to harm the people later on. Of course, all of these issues and similar cases depend on social conditions and the will of the majority of the people, and we will refrain from discussing them further here. In conclusion, it must be boldly stated that if someone does not bother others, they have no problem with their religious and personal beliefs according to human rights.

Beliefs in other human rights laws

Similar approaches exist in other human rights declarations, which can be said to be better expansions of the Universal Declaration of Human Rights. In Article 18 of the “International Covenant on Civil and Political Rights” we have:

1. Everyone has the right to freedom of thought, conscience, and religion. This right includes the freedom to have or adopt a religion or belief of one’s choice, as well as the freedom to express one’s religion or beliefs, whether individually or in community, openly or in private, through worship, observance, practice, and teaching.

2. No one should be subjected to coercion that would infringe upon their freedom to have or accept a religion or beliefs of their own choosing.

3. Freedom of expression of religion or beliefs cannot be subject to restrictions except those specifically provided by law and necessary for the protection of security, order, health, public morality, or the fundamental rights and freedoms of others.

4. The participating states in this alliance commit to respecting the freedom of parents and legal guardians to provide religious and moral education for their children according to their own beliefs.

The emphasis is on complete freedom of belief, but its implementation is conditional on not causing problems for others. Article 20 also prohibits the promotion of religious hatred and animosity, which can incite conflict and violence. Article 27 also emphasizes that religious minorities have the right to believe in their own religion. Therefore, no one should insult the beliefs of others.

“The declaration of nullification of all forms of discrimination and bias based on religion or belief is a special document in these matters. Its first article emphasizes complete freedom of belief and abundant expression of it, while still recognizing limitations in certain circumstances where: “Freedom of expression of religious or belief affiliations has no restrictions, except for those provided by law and necessary to protect public safety, health, morality, or the fundamental freedoms of others.”

The next articles also recommend measures for freedom of belief, non-discrimination based on belief, and the freedom of parents to provide religious education for children and similar cases. The last article (eighth) also emphasizes that none of the provisions of this statement should be interpreted in violation of the Universal Declaration of Human Rights or international human rights conventions.

Separation of religion from government

The government includes the main pillars of power in the country in the three branches of executive, legislative, and judicial. As a result, its approach to religion is very important and influential in most social affairs, and therefore the best models for the government’s interaction with religion must be determined. We have previously seen that the government has a duty to act in the direction of respecting human rights and preserving the freedom of all. In this regard, the government cannot practically interfere in the personal and religious beliefs of individuals. As a result, almost all democratic and free countries have come to the conclusion that the government should have nothing to do with religion and the two should be separate. This has emerged after numerous experiences and is now an accepted principle in free countries.

In this state, laws are formulated based on the desires and interests of the people (conditions of society) and in consideration of the advancement of legal science, not based on religious teachings. Furthermore, the role of governments is to uphold the law and promote the interests of all people (not just followers of one religion), including the preservation of freedom, scientific, economic, cultural, etc., rather than solely focusing on fulfilling religious duties. Therefore, governments usually do not have any involvement with religion and religious institutions, but may assist them in certain cases. Religious institutions are also independent from the government and have the freedom to promote their beliefs. This issue is now known as secularism and laicism.

In summary, it can be said that human rights laws have three general approaches in the discussion of religions, which are:

Individuals are completely free to accept or reject beliefs and no belief should be imposed on anyone. Additionally, individuals with any belief can enjoy all the provisions of human rights.

There is a right to express beliefs and act according to religious teachings and form groups to spread these beliefs for everyone, unless these actions violate the rights and freedoms of others according to the law. The law must also be formulated in a democratic and free environment.

A government based on human rights should not interfere in the personal beliefs of individuals, but rather should be a defender of the freedom of all people. It is now a universal norm that religion should be separate from the government. Laws should be based on the will and conditions of society and developed with the progress of legal science, rather than being based on religious texts. The government should also pursue the interests of all people and abide by the law, rather than trying to enforce religious obligations. At the same time, religious institutions should be independent from the government and free to carry out their work.