Regulations of freedom of conscience and religion in international documents

• Author: Jana Maftei - Licuta Coman Varvara
• Position: Associate Professor Ph.D. 'Danubius' University of Galati, Law Faculty - University Assist Ph.D. in Progress, 'Danubius' University of Galati, Law Faculty
• Pages: 261-265

REGULATIONS OF FREEDOM OF CONSCIENCE AND RELI GION IN INTERNATIONAL

DOCUMENTS

Maftei Jana*

Coman Varvara Licua**

Abstract

In this study we aimed a t ana lyzing the way the Freedom of conscience a nd religion are regulated in

internatio nal documents. To achieve the objectives of this study we examined interna tional declara tions, treaties

and conventions adopted b y several internation al o rganizations by means of the empirical, interpr etive and

compara tive methods.

Keywords: freedom, religion, conscience, convention, declar ation.

1. Introduction

Freedom of conscience a nd r eligion was the object of inter national regulations as frequent conflicts

arising from intolerance, the heated controversy between sta tes, institutions, gro ups or individua ls for rea sons

concerning religion or beliefs needed the states to have the same position to resolve them. The right to the

freedom of conscience and religion appear s to us as one of the fundamental h uman rights, it being the center o f

internatio nal concerns and recognized by documents of emblematic value in the field of human rights. This right

is universal a nd takes on special meanings especially with regard to nationa l minorities.

2. Human rights - concept and prerogatives

In K. Vasak’s conception, human rights involve i n their juridical regulation, the following legal

imperatives: observance by each of human rights for others, take into acco unt the life of a social group

considered as an entity, and the life of humanity as a whole

1. Developing the concept of “human right” was “a

synthesis opera tion, consisting of gen eralization of some well-known idea s (...), in lega l documents with a rich

moral a nd political" content”2. Fundamental human rights are those "pr erogatives conferred by inter nal law and

recognized by the international law to ea ch individual, which e xpress fundamental social values a nd a im a t

meeting basic human needs and legitimate aspirations in the socio-economic, political, cultural and historica l

context of a p articular society”.3 Their constitution in fundamental human rights is d ue to the fact that, they

being essential for physical existence, for its material and intellectual development, they are guaranteed by very

important documents.

3. International documents establishing freedom of religion and conscience

Regarding the human rights, doctrine held that “... it has known a long cr ystallization pr ocess, at present

portra ying itself as an extremely complex institution belonging both to interna l and interna tional legal order”4.

The matter of equal rights for all people, including the religiou s orientatio n of the p erson and freedom of

conscience, even if they were not expressly mentioned, they ca n be found in international documents on human

rights. Historical development of human rights institution was marked by documents such as Mag na Cha rta

Libertatum - 1215, the Bill of rights - in 1689 and Habeas Corpus - 1679. U.S. Declara tion of Independence July

4, 1776 provides that people have been created equal, endowed by their Creator with certain inalienable rights;

among these rights life, liberty and pursuit of happiness can be found; this act establishes the idea that all

governments have been established by people just to guarantee these rights; whenever a form of government

becomes contrary to thi s purpose, people has the right to alter or abolish it and establish a new government. But

the document establishing the concept of “human rights a nd fundamental liberties” was the French Decla ration

of 1789, entitled Declar ation of Citizen and Human Rights5, which, in its very first article stipulates that “people

are born and remain free a nd equal in rights”. In art. 10 of the Declaration it is expressly stated that “no one ca n

be held accountable for his opinions, even religious, if their behavior does not distur b public order events

established by law”, according to the prescriptions of art. 4 that “freedom is to be able to do everything that does

not disturb other s”.

Human rights institution has seen a continuous and strong develop ment, and after the Second World War

human rights issues went beyond the borders of the national state, it led to the formation of a distinct branch of

* Associate Professor Ph.D. “Danubius” University of Galati, Law Faculty, janamaftei@univ-danubius.ro

**University Assist Ph.D. in Progress, “Danubius” University of Galati, Law Faculty, varvara.coman@univ-danubius.ro

1 Vasak, K. Les dimensions internationales des dr oits de l'homme, vol. UNESCO, Paris, 1978, p. 506.

2 Duculescu, Victor, Protecia juridic a drepturilor omului, Lumina Lex Publishing House, Bucharest, 2008, p. 23.

3 Nstase, Adrian, Drepturile omului, religie a sfârşitului de secol, Institutul Român pentru Drepturile Omului, Bucharest, 1992, p. 18.

4 Duculescu, Victor, Protecia juridic a drepturilor omului, Lumina Lex Publishing House, Bucharest, 1994, pp. 18-19.

5 Rials, Stéphane, Declaraia drepturilor omului i ceteanului, Polirom Publishing House, Bucharest, 2002.