Freedom of religion
A fundamental human right protecting belief and practice.
Freedom of religion, or religious liberty—also known as freedom of religion or belief (FoRB)—is the principle that allows individuals and communities, in both public and private settings, to express their religion or belief through teaching, practice, worship, and observance. It also covers the right to hold no religion or belief at all, often referred to as freedom from religion. Most nations view this as a fundamental human right, and it is safeguarded by major international human rights agreements, including the United Nations International Covenant on Civil and Political Rights, the American Convention on Human Rights, the European Convention on Human Rights, and the United Nations Convention on the Rights of the Child. In countries with an official state religion, freedom of religion typically means the government allows other faiths to practice and does not persecute believers of other religions or those with no faith. The concept of religious liberty is often linked to secular liberalism, and it excludes authoritarian forms of secularism. At a minimum, freedom of religion includes freedom of belief—the right to believe whatever a person, group, or religion chooses, including irreligion like atheism, humanism, existentialism, or other non-belief. Some argue it must also include freedom of practice—the right to openly and publicly engage in religious or non-religious activities. A third term, freedom of worship, can be seen as synonymous with both belief and practice, or as a middle ground between them. A key question in religious liberty is whether religious practices or actions motivated by religion that break secular laws should be allowed under the protection of freedom of religion. This issue has been addressed in court cases such as the U.S. Supreme Court rulings in *Reynolds v. United States* and *Wisconsin v. Yoder*, the European case *S.A.S. v. France*, and many others worldwide. Symbols of religious freedom appear in notable places globally. The Statue of Liberty in New York, originally created to mark the end of slavery in the U.S. in 1865, later came to symbolize hope for religious refugees. The Bevis Marks Synagogue in London, built in 1701, is the oldest continuously active synagogue in Europe. The Golden Temple in Amritsar, India, represents religious inclusivity and freedom of worship. Other key sites include the Bahá'í Gardens in Haifa, Israel, which highlight the unity of humanity and freedom of belief, and Lutherstadt Wittenberg in Germany, where Martin Luther’s actions sparked the Reformation, symbolizing the fight for religious reform and liberty. **History**
Historically, freedom to worship was often limited through punitive taxation, repressive social laws, and political disenfranchisement. Scholars often cite the status of *dhimmis* under Islamic sharia law as an example. Stemming from the Pact of Umar, *dhimmis*—meaning “protected individuals”—are argued to have enjoyed greater freedoms than non-Christians in most medieval European societies, though this protection was limited by government regulation and obligations such as taxation (compare *jizya* and *zakat*) and military service, which differed by religion. In modern concepts of religious freedom, the law is usually blind to religious affiliation. In antiquity, a syncretic viewpoint often allowed communities of traders to operate under their own customs. When street mobs from different quarters clashed in Hellenistic or Roman cities, the issue was generally seen as a violation of community rights. Cyrus the Great established the Achaemenid Empire around 550 BC and initiated a general policy of permitting religious freedom across the empire, documented on the Cyrus Cylinder. Freedom of religious worship was established in the Buddhist Maurya Empire of ancient India by Ashoka the Great in the 3rd century BC, as recorded in the Edicts of Ashoka. Greek-Jewish clashes at Cyrene in 73 AD and 117 AD, and in Alexandria in 115 AD, show cosmopolitan cities as scenes of unrest. Genghis Khan, in the 13th century, was one of the first rulers to enact a law explicitly guaranteeing religious freedom to everyone and every religion. **Ancient Roman policy**
The Romans tolerated most religions, including Judaism, and encouraged local subjects to continue worshipping their own gods. However, they did not tolerate Christianity because Christians refused to honor the official cult of the emperor, until it was legalized by Emperor Galerius in 311. Holmes and Bickers note that as long as Christianity was seen as part of Judaism—which was generally tolerated due to its antiquity and its practice of making offerings on behalf of the emperor—it enjoyed the same freedom. But the Christian claim to religious exclusivity led to hostility. The early Christian apologist Tertullian was the first known writer to use the term “freedom of religion” (*libertas religionis*), in the 24th chapter of his *Apologeticum*. He argued for tolerance of all religious views in his epistle to proconsul Scapula, stating: “It is a human right, a privilege of nature, that every man should worship according to his own convictions: one man’s religion neither harms nor helps another man.
- field
- Human rights principle
- known_for
- Protecting the freedom to manifest religion or belief, including the right not to practice any religion
- first_known_writer_to_use_term
- Tertullian (early Christian apologist)
- key_legal_cases
- Reynolds v. United States, Wisconsin v. Yoder, S.A.S. v. France
Lore & Background
In Antiquity, a syncretic point of view often allowed communities of traders to operate under their own customs. Cyrus the Great established the Achaemenid Empire ca. Freedom of religious worship was established in the Buddhist Maurya Empire of ancient India by Ashoka the Great in the 3rd century BC, encapsulated in the Edicts of Ashoka. Genghis Khan was one of the first rulers who in the 13th century enacted a law explicitly guaranteeing religious freedom to everyone and every religion.
Reader's Guide
The concept of religious liberty includes, and some say requires, secular liberalism, and excludes authoritarian versions of secularism. Crucial in the consideration of religious liberty is the question of whether religious practices and religiously motivated actions that would otherwise violate secular law should be permitted due to the safeguarding of freedom of religion. This issue is addressed in numerous court cases, including the United States Supreme Court cases Reynolds v. United States and Wisconsin v. Yoder, and in the European law case of S.A.S. v. France. Symbols of religious freedom are seen in significant locations around the world, such as the Statue of Liberty in New York, the Bevis Marks Synagogue in London, the Golden Temple in Amritsar, the Bahá'í Gardens in Haifa, and Lutherstadt Wittenberg in Germany. In a historic setting, freedom to worship has often been limited through punitive taxation, repressive social legislation, and political disenfranchisement, as exemplified by the status of dhimmis under Islamic sharia law.
Did You Know?
- The early Christian apologist Tertullian was the first-known writer to employ the term 'freedom of religion' (libertas religionis) in the 24th chapter of his Apologeticum.
Frequently Asked Questions
What is Freedom of religion in the Political Systems & Elections canon?
Freedom of religion (also called FoRB) is a foundational human rights principle that guarantees any individual or community the right to publicly or privately teach, practice, worship, and observe a religion or belief. It equally protects the right to reject or abandon any religion, a facet often labeled 'freedom from religion.'
What role does Freedom of religion play in political systems?
It functions as a core constitutional and international-law shield, ensuring that governments cannot compel worship, ban belief, or restrict religious observance in public or private life. Most nations enshrine it as a fundamental right, and it appears in major international human rights instruments such as the UN International Covenant on Civil and Political Rights.
Which key legal cases define Freedom of religion's story?
Three landmark rulings shape its canon: Reynolds v. United States (1878) set early limits on religious exemptions from generally applicable laws; Wisconsin v. Yoder (1972) affirmed Amish parents' right to withdraw children from public school for religious reasons; and S.A.S. v. France (2014) addressed the EU boundary on banning face coverings for religious observance.
Why is Freedom of religion considered important in the series?
It is treated as a baseline human right because it protects the innermost sphere of conscience—what a person believes or does not believe—against state coercion. Without it, governments could enforce a single creed or punish dissent, undermining other civil liberties as well.
Who is the first known writer credited with using the term 'freedom of religion'?
Tertullian, the early Christian apologist writing in the late second and early third centuries, is recognized as the first known author to articulate the concept in written form. His arguments laid the groundwork for later legal and philosophical traditions that formalized the principle into modern human-rights law.
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