Religion Provisions of the Constitution of Kosovo (2008)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Here we have passages from the Constitution of Kosovo.  It has a robust assortment of rights relating to freedom of religion, equal protection, and state neutrality.  Article 9, stating that the Republic "ensures the preservation and protection of its cultural and religious heritage" is an unusual one and I'm unsure what measures it would authorize.

Kosovo Constitution (2008)

Establishment Clause

Article 8 [Secular State]

The Republic of Kosovo is a secular state and is neutral in matters of religious beliefs.

Miscellaneous

Article 9 [Cultural and Religious Heritage]

The Republic of Kosovo ensures the preservation and protection of its cultural and religious

heritage.

Equal Protection Religion

Article 24(2)  No one shall be discriminated against on grounds of race, color, gender, language,

religion, political or other opinion, national or social origin, relation to any community,

property, economic and social condition, sexual orientation, birth, disability or other

personal status.

Religious Freedom

Article 38 [Freedom of Belief, Conscience and Religion]

1. Freedom of belief, conscience and religion is guaranteed.

2. Freedom of belief, conscience and religion includes the right to accept and manifest

religion, the right to express personal beliefs and the right to accept or refuse membership

in a religious community or group.

3. No one shall be required to practice or be prevented from practicing religion nor shall

anyone be required to make his/her opinions and beliefs public.

4. Freedom of manifesting religion, beliefs and conscience may be limited by law if it is

necessary to protect public safety and order or the health or rights of other persons.

Article 39 [Religious Denominations]

1. The Republic of Kosovo ensures and protects religious autonomy and religious

monuments within its territory.

2. Religious denominations are free to independently regulate their internal organization,

religious activities and religious ceremonies.

3. Religious denominations have the right to establish religious schools and charity

institutions in accordance with this Constitution and the law.

Article 59.  Members of communities shall have the right, individually or in community, to:

(1) express, maintain and develop their culture and preserve the essential elements of

their identity, namely their religion, language, traditions and culture;

Miscellaneous

Article 58(5). The Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities as an integral part of the heritage of Kosovo. The Republic of Kosovo shall have a special duty to ensure an effective protection of the entirety of sites

and monuments of cultural and religious significance to the communities.

Relevant Posts on Religion Clause Blog

It's been a busy couple of weeks and I haven't managed to update this blog, but here's some links to some very interesting posts on blasphemy and secularism on Howard Friedman's always-excellent Religion Clause Blog:

*  Atheist parents in Ontario have a hearing before the province's Human Rights Tribunal on a claim of religious discrimination.  The parents were refused permission by a school to distribute a book on free-thought to 5th grade students in the same way that Gideon Bibles are distributed (here).

*  In Russia, Orthodox Christian activists vandalized Moscow's Erotic Art Museum (here).

* French tourists were convicted and given suspended sentences under a Sri Lankan law prohibiting insults to religion.  The tourists had taken photos of themselves pretending to kiss Buddha statutes (here).

* Pakistan arrested an illiterate Christian girl for blasphemy, but the country's Prime Minister called for caution in applying the laws and for a full investigation of the incident.  Accounts differ, but according to some reports the girl is 11 or 12 years old, may suffer from Down's Syndrome, and inadvertently burned some pages of the Qur'an along with some other papers (here).

Fortune-telling Ban Struck Down in Louisiana

According to Religion Clause Blog, a U.S. Federal District Court has declared unconstitutional a municipal ordinance in Alexandria, New Orleans that banned "palmistry, card reading, astrology, fortune telling, [and] phrenology."  The city argued that the ban was a regulation of commercial speech intended to prohibit fraud, but the Court (acting on the recommendations of a magistrate) found that the plaintiff's public tarot card reading (done for voluntary donations) was protected by the First Amendment.

Religion Provisions of the Kenyan Constitution (2010)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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The Constitution of Kenya contains an establishment clause, a guarantee of equal protection of religion, and a guarantee of freedom of religion, but it also contains an interesting provision that allows for Muslims' legal rights in several areas to be determined by special courts.

Preamble

We, the people of Kenya—

ACKNOWLEDGING the supremacy of the Almighty God of

all creation

GOD BLESS KENYA

Establishment Clause

8. There shall be no State religion

Miscellaneous

24(4).  The provisions of this Chapter on equality shall be qualified to

the extent strictly necessary for the application of Muslim law before the

Kadhis’ courts, to persons who profess the Muslim religion, in matters

relating to personal status, marriage, divorce and inheritance.

170. (1) There shall be a Chief Kadhi and such number, being

not fewer than three, of other Kadhis as may be prescribed under an

Act of Parliament.

(2) A person shall not be qualified to be appointed to hold or act

in the office of Kadhi unless the person—

(a) professes the Muslim religion; and

(b) possesses such knowledge of the Muslim law applicable to

any sects of Muslims as qualifies the person, in the opinion of

the Judicial Service Commission, to hold a Kadhi’s court.

(3) Parliament shall establish Kadhis’ courts, each of which shall

have the jurisdiction and powers conferred on it by legislation, subject

to clause (5).

(4) The Chief Kadhi and the other Kadhis, or the Chief Kadhi and

such of the other Kadhis (not being fewer than three in number) as may

be prescribed under an Act of Parliament, shall each be empowered to

hold a Kadhi’s court having jurisdiction within Kenya.

(5) The jurisdiction of a Kadhis’ court shall be limited to the

determination of questions of Muslim law relating to personal status,

marriage, divorce or inheritance in proceedings in which all the parties

profess the Muslim religion and submit to the jurisdiction of the Kadhi’s

courts.

91(2) A political party shall not—

(a) be founded on a religious, linguistic, racial, ethnic, gender

or regional basis or seek to engage in advocacy of hatred on

any such basis;

Equal Protection of Religion

27(4)  The State shall not discriminate directly or indirectly against

any person on any ground, including race, sex, pregnancy, marital status,

health status, ethnic or social origin, colour, age, disability, religion,

conscience, belief, culture, dress, language or birth.

Religious Freedom

32. (1) Every person has the right to freedom of conscience,

religion, thought, belief and opinion.

(2) Every person has the right, either individually or in community

with others, in public or in private, to manifest any religion or belief

through worship, practice, teaching or observance, including observance

of a day of worship.

(3) A person may not be denied access to any institution,

employment or facility, or the enjoyment of any right, because of the

person’s belief or religion.

(4) A person shall not be compelled to act, or engage in any act,

that is contrary to the person’s belief or religion.

Ceremonial Deism

Second Schedule:  (b) The National Anthem

 O God of all creation

Bless this our land and nation.

Third Schedule:  NATIONAL OATHS AND AFFIRMATIONS

OATH OR SOLEMN AFFIRMATION OF ALLEGIANCE OF

THE PRESIDENT/ACTING PRESIDENT AND THE DEPUTY

PRESIDENT

I, ………...............................................……. , in full realisation

of the high calling I assume as President/Acting President/ Deputy

President of the Republic of Kenya, do swear/solemnly affirm that I

will be faithful and bear true allegiance to the Republic of Kenya; that

I will obey, preserve, protect and defend this Constitution of Kenya, as

by law established, and all other laws of the Republic; and that I will

protect and uphold the sovereignty, integrity and dignity of the people

of Kenya. (In the case of an oath–– So help me God.)

Religion Provisions of the Constitution of Iraq

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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Here we have one of the most studied new constitutions in the past decade, the Constitution of Iraq.  This is one of those interesting documents that purports to strongly establish a single religion while simultaneously guaranteeing individual religious freedom.

Preamble

In the name of God, the Most merciful, the Most compassionate

We, the people of Mesopotamia, the homeland of the apostles and prophets, resting place of the virtuous imams, cradle of civilization, crafters of writing, and home of numeration. Upon our land the first law made by man was passed, and the oldest pact of just governance was inscribed, and upon our soil the saints and companions of the Prophet prayed, philosophers and scientists theorized, and writers and poets excelled;

Acknowledging God’s right over us

Established Religion

Article 2:

First: Islam is the official religion of the State and is a foundation source of

legislation:

A.     No law may be enacted that contradicts the established provisions of Islam

Article 10  The holy shrines and religious sites in Iraq are religious and civilizational entities. The State is committed to assuring and maintaining their sanctity, and to guaranteeing the free practice of rituals in them.

Article 12 (Second)  A law shall regulate honors, official holidays, religious and national

occasions and the Hijri and Gregorian calendar.

Article 92(Second)  The Federal Supreme Court shall be made up of a number of judges,

experts in Islamic jurisprudence, and legal scholars, whose number, the method of

their selection, and the work of the Court shall be determined by a law enacted by

a two-thirds majority of the members of the Council of Representatives.

Religious Freedom

Article 2 (Second):  This Constitution guarantees the Islamic identity of the majority of the

Iraqi people and guarantees the full religious rights to freedom of religious belief

and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans

Article 37 (Second): The State shall guarantee protection of the individual from intellectual,

political and religious coercion.

Article 41:

Iraqis are free in their commitment to their personal status according to their religions,

sects, beliefs, or choices, and this shall be regulated by law.

Article 42:

Each individual shall have the freedom of thought, conscience, and belief.

Article 43:

First: The followers of all religions and sects are free in the:

A- Practice of religious rites, including the Husseini rituals.

B- Management of religious endowments (waqf), their affairs, and their

religious institutions, and this shall be regulated by law.

Second: The State shall guarantee freedom of worship and the protection of places

of worship.

Equal Protection of Religion

Article 14:

Iraqis are equal before the law without discrimination based on gender, race, ethnicity,

nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

Ceremonial Deism

Article 50:

Each member of the Council of Representatives shall take the following constitutional

oath before the Council prior to assuming his duties:

“I swear by God Almighty to carry out my legal duties and responsibilities with

devotion and integrity and preserve the independence and sovereignty of Iraq, and

safeguard the interests of its people, and ensure the safety of its land, sky, water,

wealth, and federal democratic system, and I shall endeavor to protect public and

private liberties, the independence of the judiciary, and pledge to implement

legislation faithfully and neutrally. God is my witness.”

Religion Provisions of the Constitution of Hungary (2012)

One of my current research projects involves analysis of the religion provisions of various constitutions enacted since the year 2000. From time to time on this blog, I'll post extracts of those provisions arranged according to categories such as "Religious Freedom" (guarantee of individual rights), "Established Religion" (joining religion and government), "Establishment Clause" (separating religion and government), "Ceremonial Deism" (symbolic references to religion that have little or no legal effect), "Equal Protection of Religion" (non-discrimination guarantees), "Preamble", "Religious Education", and "Religious Limitations."

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The Constitution of Hungary contains religious references to Christianity in the Preamble, but has a robust freedom of religion guarantee and an establishment clause.  The phrase "The State shall cooperate with the Churches for community goals" seems to leave room for a lot of intermingling, however.

Constitution of Hungary (2012)

Preamble

God bless the Hungarians

 We recognise the role of Christianity in preserving nationhood. We value the various religious traditions of our country.

Ceremonial Deism?

Article I[the letter].  The Holy Crown shall rest on top of the shield.

Closing provisions:  We, the Members of the Parliament elected on 25 April 2010, being aware of our responsibility before God and man and in exercise of our constitutional power, hereby adopt this to be the first unified Fundamental Law of Hungary.

Religious Freedom

Article VII

(1) Every person shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change religion or any other persuasion, and the freedom for every person to proclaim, refrain from proclaiming, profess or teach his or her religion or any other persuasion by performing religious acts, ceremonies or in any other way, whether individually or jointly with others, in the public domain or in his or her private life.

Establishment Clause

Article VII(2)  The State and Churches shall be separate. Churches shall be autonomous. The State shall cooperate with the Churches for community goals.

Equal Protection of Religion

Article XV(2)  Hungary shall ensure fundamental rights to every person without any discrimination on the grounds of race, colour, gender, disability, language, religion, political or other views, national or social origin, financial, birth or other circumstances whatsoever.