Can a person’s religious freedom be regulated? (Sabong News)
Author
Czarina Nicole Ong Ki
Date
APRIL 15 2022
While religious freedom is inviolable under the Constitution, the Commission on Human Rights (CHR) said its practice by an individual can be regulated to protect the rights of other persons.
“It is only the freedom of an individual to act on religious belief that may be subjected to certain limitation. When beliefs are translated into acts that affect and inflict harm on others, then regulations may come into play,” the CHR said.
In its position paper on the Magna Carta on Religious Freedom, the CHR said that the Constitution gives “absolute guarantee to the freedom to believe,” and “this should never be denied, burdened, regulated, or curtailed.”
However, the CHR clarified that the freedom to act based on belief may be regulated when necessary to protect the rights of others.
It said that Section 5 of the Bill of Rights of the Constitution provides that “no law shall be made respecting an establishment of religion or prohibiting the exercise thereof.”
It also said the Constitution mandates the “free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.”
Citing an example, the CHR said the rights of Indigenous Peoples (IPs) to manifest, practice, and teach their spiritual and religious customs should be protected. The same should be applied to persons deprived of liberty (PDLs) and those confined in mental health institutions, it said.
“These individuals, though their right to movement is limited and regulated by the State, are still entitled to certain rights including the exercise of their religious freedom,” it stressed.
