SMC No. 1/2014 etc
16
rationality characterize liberal democracies and the individual
freedoms thus flowing from the freedom of religion must not be
curtailed by attributing an interpretation of the right to religious
belief and practice exclusively as a community-based freedom. The
freedom of religion and conscience has been protected in several
treaties and declaration4. Article 18 of the United Nations
Covenant on Civil and Political Rights, 1966 provides as follows:“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 or belief in
worship, observance, practice and teaching.”
14.
The fundamental right to freedom of religion and belief
was articulated at the international level by the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief. These human rights norms then serve
as moral checks and efforts are continually being made to
incorporate these rights into domestic laws. The Supreme Court of
Pakistan has invoked International Human Rights norms in
numerous cases5. It is evident from a bare reading of these
provisions that the freedom of conscience cannot be separated
from the freedom of religion. While the freedom of conscience is an
individual right, the right to religion has both individual and
community based connotations. Sub-article (a) of Article 20 of the
Constitution also recognizes the individual and communal nature
4
European Convention on Human Rights and Fundamental Freedoms (Article 9), the American
Convention on Human Rights (Article 12), the African Charter on Human and Peoples’ Rights
(Article 8)
5
Sardar Farooq Ahmed Khan Leghari Vs. Federation of Pakistan [PLD 1999 SC 57] at page 191; AlJehad Trust Vs. Federation of Pakistan [PLD 1997 SC 84]
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