Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.12: Freedom of Conscience and Religion

Abstract

This chapter studies Article 12 of the American Convention on Human Rights (ACHR), which protects the freedom of conscience and of religion. The freedom of conscience and of religion is considered as one of the foundations of a democratic society and therefore occupies a key position in the international human rights law norms. Article 12-1 of the ACHR affirms the right of everyone to freedom of conscience and of religion, and specifies that this includes the freedom to maintain or to change one's religion or beliefs. Moreover, that freedom covers also the freedom to profess or disseminate one's religion or beliefs, in public or in private, individually or collectively. Article 12-2 provides that the freedom to maintain or to change one's religion or beliefs cannot be restricted. However, according to Article 12-3, the freedom to manifest one's religion and beliefs may be subject to limitations prescribed by law and necessary to protect goals such as public safety, order, health or morals, or the rights or freedoms of others. Finally, Article 12-4 protects the right of the parents or guardians to give the religious and moral education of their choice to their children or wards.