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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