Legal Foundations and Global Perspectives on the Right to Religious Freedom

Legal Foundations and Global Perspectives on the Right to Religious Freedom Presented by: Firdausi Firdaus, PhD Candidate Date: March 28, 2023 The Right to Religious Freedom - International Covenant on Economic, Social and Cultural Rights (ICESCR) Art. 13(3) - International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) - Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) - CRC Art 14(2) - Migrant Workers Convention Art. 12 (4) - Intersection Of Freedom Of Religion Or Belief With Other Human Rights - ICCPR Art. 19: 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:  For respect of the rights or reputations of others;  For the protection of national security or of public order (ordre public), or of public health or morals." - Art. 20: 1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law." - Commission on Human Rights resolution 2005/40  5 (a): In which the Commission on Human Rights invites the Special Rapporteur to address the rise of religious extremism affecting religions in all parts of the world.  5 (c): In which the Commission on Human Rights invites the Special Rapporteur to address the issue of the use of religion or belief for end inconsistent with the Charter of the United Nations and other relevant instruments of the United Nations.  6: The Commission on Human Rights, "Recognizes with deep concern the overall rise in instances of intolerance and violence directed against members of many religious communities in various parts of the world, including cases motivated by Islamophobia, anti-Semitism and Christian phobia ;".  9: The Commission on Human Rights, "Recognizes that the exercise of tolerance and non-discrimination by all actors in society is necessary for the full realization of the aims of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and invites Governments, religious bodies and civil society to continue to undertake dialogue at all levels to promote greater tolerance, respect and understanding;".  10: The Commission on Human Rights, "Emphasizes the importance of a continued and strengthened dialogue among and within religions or beliefs, encompassed by the dialogue among civilizations, to promote greater tolerance, respect and mutual understanding;".  11: The Commission on Human Rights, " Also emphasizes that equating any religion with terrorism should be avoided as this _may have adverse consequences on the enjoyment of the right to freedom of religion or belief of all members of the religious communities concerned;". - Human Rights Committee general comment 22 Para. 7: "In accordance with article 20, no manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. As stated by the Committee in its general comment 11 [19], States parties are under I the obligation to enact laws to prohibit such acts." - Under Indonesia Constitution (UUD 45):  Article 28E (1) Every person shall be free to choose and to practice the religion of his/her choice, to choose one's education, to choose one's employment, to choose one's citizenship, and to choose one's place of residence within the state territory, to leave it and to subsequently return to it. (2) Every person shall have the right to the freedom to believe his/her faith, and to express his/her views and thoughts, in accordance with his/her conscience.  Article 29(2) UUD 45(Indonesia Constitution) (2) The State guarantees all persons the freedom of worship, each according to his/her own religion or belief. - Meanwhile under Law Number 39 Year 1999 Concerning Human Rights: 1. Article 22 (1) Everyone has the right to freedom to choose his religion and to worship according to the teachings of his religion and beliefs. (2) The state guarantees everyone the freedom to choose and practice his religion and to worship according to his religion and beliefs. - Under the Indonesian Criminal Code: Article 156a which prescribes the penalties and confirms the criminality of violating the blasphemy law - Is blasphemy law a threat of human rights? If its abolished, will it be a threat for the believers, because the exercise freedom of expression might led to hate speech or certain movement to harm certain believers in many ways where they live, work. Study, etc. - So the homework is how blasphemy law is not become the threat for people to exercise freedom of expression but also how blasphemy law can protect the freedom o religion. - In relation with SDG, the right to religious freedom can be considered is connected with 5 SDG goals such as: SDG 3 Good Health & Well-being. SDG 4 Quality Education, SDG 5 Gender Equality, SDG 10 Reduced Inequalities, SDG 13 Climate Action, SDG 16 Peace, Justice, and strong Institution. - The relation of the right to Religious Freedom with SDG Goals 3, 4, 5, 10, 13, and 16 is about how our view and beliefs (religion) will not cause people being treated differently, especially if will bring harm to the people by cannot live in a good health and well being, cannot receive enough education, Gender become the victim, inequalities, become the victim of climate changes, and treated differently/discrimination under justice system (access to justice, justice system treatment) - Another thing in related with SDG with the right to religious freedom would be how people can get access to learn religion (education) regardless their background (race, gender, social status) - In relation to a smart city, there are three components of a smart city that will have a crucial role to ensure freedom of religion such as smart living, smart education, and smart citizen/community. The practice of religion should be considered as a lifestyle for people to meet their spiritual needs like when we eat, drink, and breathe, because "Money can't buy meaningful happiness after all". Religious freedom started from education at the early stage by using a smart method and its religious practice should be maintained via communities, this is where smart citizens/communities using technology connect people who believe in the need to fulfil spiritual needs will feel alone. Indonesia is a country with a secular system yet the principle of life (Pancasila) number 1 is believing in God which means the country via government has a duty to protect the right to religion since the early stage of their citizen's life because it is basic needs and part of their lifestyle. - However, the practice of the right to religion should not become an excuse t discriminate against people who practice religion differently, but rather how the right to religion will make people even more inclusive and respectful. - The third largest religion in Indonesia likes Islam, Christianity Protestant, and Catholic which can be considered as Samawi's religion and international religion has to help Indonesian society to be inclusive, albeit there is always room for improvement to make inclusivity more mature and natural in every place around Indonesia. Challenges-Solution-Conclusion  Ideally, the implementation of a Smart City will be a crucial solution that can be implemented globally because of its trend and the needs of society to live in the city. However, if we measure how smart city is implemented around the world, there is a concern of the deployment of the smart city will make society become more exclusive (e.g. Only rich people can afford it) as proved by some smart cities that have been deployed.  The implementation of smart cities should also not create an imbalance in spatial planning, because we still need forest and rural areas as part of the ecosystem of this world.  The implementation of smart cities should make people become more human rather than less human or become like robots because the happiness of humans is beyond material needs. So, the implementation of a smart city should aim to give its citizen meaningful happiness. For this goal to be achieved, a smart Community, the right to a healthy environment, the right to mental health and the right to religious freedom will ensure meaningful happiness as can be referred back to UDHR and SDG.