History of the Section


Section 14 is modelled on article 18 of the Covenant. Similar rights exist in comparative law. Refer to table below for further information.

Comparative rights table

Charter

Section 14 - Freedom of thought, conscience, religion and belief


Section 14(1): Every person has the right to freedom of thought, conscience, religion and belief, including –


(a) the freedom to have or to adopt a religion of his or her choice; and


(b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.


Section 2): A person must not be coerced or restrained in a way that limits his or her freedom to have or adopt a religion or belief in worship, observance, practice or teaching

ICCPR

Article 18:

  1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
  2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
  3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
  4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
ACT: Human Rights Act 2004

Section 14

S Africa: Constitution of the republic of South Africa 1996 Chapter 2
Section 15
UK: Human Rights Act 1998
Schedule 1, art. 9.
Canada: Canadian Charter of Rights and freedoms

Section (a) and (b).

New Zealand: New Zealand Bill of Rights Act 1990

Section 13 and Section 15