Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be subjected to measures restricting the exercise of these freedoms.
Under article 8, freedom of conscience encapsulates freedom of religion, thought or belief. These freedoms are sacred and inalienable entitlements recognized by relevant universal human rights instruments. Freedom of conscience is however allowed to the extent that it poses no threat to law and order.
In Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union Interafricaine des Droits de l’Homme, Les Temoins de Jehovah v Zaire, the Commission held that the persecution of the Jehovah’s Witnesses, including arbitrary arrests, appropriation of church property and exclusion from access to education violated article 8 since the government of Zaire has presented no evidence that the practice of their religion in any way threatened law and order.
The right to the free practice of religion in particular is strongly linked to article 2. In Amnesty International and Others v. Sudan, the Commission found that unequal treatment of Christian prisoners when compared with their Muslim counterparts, constituted a violation of article 8. By its very nature, such differential treatment would also simultaneously be a violation of article 2.
Additionally, freedom of conscience or religion extends to the freedom to manifest one’s religion or belief in teaching, practice, worship and observance (see article 18, UDHR). This freedom includes the right to declare religious beliefs openly without fear of hindrance or reprisal, and the right to manifest religious worship and practice and also by teaching and dissemination, as well as the freedom to change one’s religion.
