The Right to Freedom of Expression and Religion

FREEDOM OF
EXPRESSION, ASSEMBLY
AND RELIGION

Freedom plays an essential role in the life of human. For the essential factor of survival
for the human beings as been said liberty plays an essential role. On considering the necessity of
the freeness for every individual certain rights are reserved for the natives of the country. The
various governmental bodies are formed in order to provide and form various necessary rights
which are regarded crucial for every citizen of the nation. These basic rights are required to be in
favour of the people because the aspect of democracy is maintained with the effective
implication of such rights. The basic human rights such as freedom of expression , assembly and
religion are the important for the peaceful and harmonious environment of the country. These
provides the individual the liberty to express themselves and to form an association which
includes the group of people for various aims and objectives that can be positive and even
negative along with this the constitution believes that all the religion are equal with respect to the
laws and policies of the country , no religion is provided priority or discriminated on the ground
of religion they follow. People are free to adopt any religion and also can transform into other
from the one in which they are born 1. They are allowed to practice any religious practices and
can form holy places and other religious activities. No government restricts the individuals of
their nation to live freely and happily in the nation.
Freedom of assembly or to form an association which is the individual right and the
ability of them for coming together and express collectively , promote defend and pursue their
respective ideas and beliefs This is also considered as the political right and civil freedom. One
can even create and be a part of the trade union, several political parties and even association or
followed by the voluntary groups. No other individual can force to join any particular party or to
form any association as it may restrict the rights in many circumstances.
According to the Article 11: Freedom of assembly and association depicts the
following which are:
Every individual has the right to gather together peacefully and to form any association
with the other people which includes the right for forming and joining the trade unions for
protecting their interests.
1 Abizadeh, A., 2015. The Democratic Legitimacy of Border Coercion: Freedom of
Association, Territorial Dominion, and Self-Defense.

There shall be no restrictions imposed on practising these rights which are prescribed by
the law which are regarded as necessary for the society which in democratic so that one can
protect the interest related to the natural security or the safety for the public and also for
preventing the disorders related to the crime , health and the moral of the natives.
The actual meaning of this particular right is the providing the liberty for assembling in
order to conduct the accomplishment of their mutual objectives. They are provided the choice for
attending the event or to join the particular party or association as they cannot be forced to take
this decision and imposing such choices can make it as an punishable offense.
There are certain duties which are implied for the public as they should be alerted for the
several policies and the actions which might create interferences with the particular individual's
right for the freedom of association and assembly. If possible various public authority should be
ensured that the related policies and the decisions are facilitated for the peaceful strikes and
protest and does not compromise the freedom of their peaceful association. The restrictions can
be imposed by the state to limit the rights of various members of the police, armed forces and
several civil services. This is mainly based on the concept of the complete democratic society for
keeping these people to be neutral in the political aspects and restrict from being associated
closely for the particular political cause 2.
Whereas the right to freedom of association depicts that one has the complete right for
joining the various formal or informal groups for taking collective actions. It also includes that
the right for the formation or joining the group. It also comprises of the right for not to be
compelling for joining the particular association. They can include many societies in the civil
areas , clubs, organisations, NGOs, cooperatives , political parties and trade union, along with the
foundation and online gathering. There is no requirement of registration regarding the formation
of any grouping. States cannot limit these rights which are based on certain factors which can
be based on the colour, race, sex , religion, language , political and also other aspects such as
opinion , social and national origin, birth, property and other kind of statuses. States can
provides various measure in the positive form for establishing and maintaining a harmonious
environment for different association. The states should also refrain various improper
2 Forster, A., 2016. Last Resort-Association for Self-Determined Death: The Freedom of
Association within the Two-Track System of Judicial Review in Austria. Vienna J. on Int'l
Const. L..10. p.220.

constructing the exercising and conduction of the rights to freedom of association and can
respect their privacy aspects. But some restrictions are necessary in the democratic society in
order maintain the limitation of every rights otherwise they can harm the liberty of others which
can be completely injustice to other people that can lead to the creation of a tensed environment
which can be difficult to handle. To maintain the safety of the natives and the protection of
various rights government has to impose at certain extent as these associations can be for the
reason which is not acceptable for the country or which creates a thought of violence in the
minds of the people who are gathered for the association and also provides various inappropriate
attitudes against the government or the country which is against the patriotism. Before restricting
the individuals a strict test is performed which has to be successful in order to further allowing
and implementation of it on certain areas or aspects. Under the laws which are internationally
made for the peaceful gathering is not considered as absolute3. Every restriction has to meet the
strict test regarding the necessity and proportionality which determines its importance.
According to the freedom of expression in the Article 10 which says that everyone has the right
for the freedom of expression. Which includes the freedom of holding the opinions and receiving
and imparting various information and related ideas without any interference by the
governmental authorities or the frontiers. They shall not prevent various states for the
requirement of the license for broadcasting, television and other cinematic companies.
The exercising of these freedoms as it carries various duties which are related to the
responsibilities which can be subjected to various formalities, restrictions, conditions and the
penalties which can be prescribed by the law and is considered as very necessary for the
democratic country where government is made by the people , for the people and to the people.
These rights are not only for the oral or the verbal aspects but also the individual can express in
the written form which is very necessary for the people who bare provide the liberty for living at
no cost . With the concept of the expansion of the internet globally one has the reach to the mass
of people where they can express any thing that can get viral within seconds and can lead to the
revolution in the whole country, it has also lead to the arrival of the new possibilities which is
associated with the particular rights. The freedom of opinion can be the most crucial and liberty
has provided the broader view to discuss and think about the possible ways which are required
3 Gutmann, A. and Freedom of Association, 2015. What makes a university education
worthwhile?. The Aims of Higher Education: Problems of Morality and Justice.pp.7-25.

for the effective. This is the opportunity to every individual in order to explain themselves as to
gather various agreements , advices , suggestions for the common problems or even can be for
the creation of the mutual interest of the public in order to maintain the protection regarding their
thoughts and beliefs. Every individual seeks for the opportunity that can create an impact on the
individual which can be very essential for the society in order to develop. An impactful society
has the individual who are given freedom to express themselves and their words are given
importance in order to solve the various issues which can be related to various social aspects that
can adversely impact the situation and can also create a surrounding which is very tensed and
pressurised .This freedom is necessary as it can lead to the spread of convenient messages which
are required to spread among the natives for their awareness and benefits. These can also lead to
various aspects which is not only important for the democratic country but also provides various
advantages for the people who are living in the particular society.
There are certain cases which are associated with the freedom of expression which is
discussed below:
There was a case between the Sunday Times and the United kingdom in which the
Sunday times as trying to publish an article which is related to the providing of the related
information of the drug called thalidomide which is being sold in the British market and had
proposed a settlement fro the claims which are against at the manufacturer which is consumed
by the children and creates many adverse impact 4. The government restricted the establishment
of the article which was take in the court as according to Sunday times government had breached
the law of article 10 and the European court of Human Rights agreed on this part who took the
decision in the favour of the publishers and allowed to publish the article for creating awareness
regarding the issue.
For the freedom of religion it has been mentioned that the article 9 says that the every
individual has the right to change any religion or belief and the freedom which is associated with
it, which can either individually or in group the community shall not restrict any individual in
doing so as it can be a punishable offense and the public authority can impose some punishment
and fines. One can be provided freedom in order to manifest the religion and the belief which
should be subjected in order to faces all the related information which can be completely
4 El-Haj, T. A., 2014. Friends, Associates, and Associations: Theoretically and Empirically
Grounding the Freedom of Association. Ariz. L. Rev..56.p.53.

prescribed by the law and which can be completely necessary for a democratic society and for
the interest of the native people. These rights preserves the diversity and the pluralism of the
various religions in the society. These are the essential requirement in the society. Through these
rights the minor communities and the religions are protected from the discrimination and
provides them equal respect and equality in the eye of the court which depicts that equal law and
order will be imposed on the individuals without concerning who they and and what religion
they practice 5. The preservation of the diversity and the pluralism lead to the development of
various cultures and beliefs in the country which can also be regarded as the factors which
attracts the various individual in order to study regarding these aspects and shall also maintains it
with the peaceful sustenance of the individual 6.
There are human various rights which are provided by various regulating bodies such as
United Nation but the implementation of these rights are not accordingly implemented in Ghana.
As there has been a special declaration in the United Nation as they consider childhood as the
phase where special care and further assistance has to be provided to hem They should be
protected from the various ill practices that are related to the children such as child abuse, child
traffic which are the negative aspects of the world. The child should be provide extra love ,
nature and proper understanding along with the surrounding of happiness for his or her proper
growth in terms of emotionally, mentally and physically. He should be made fully prepared to
live in the associated society who welcomes him or her in every aspects and provides support for
the effective growth. There are various articles written for the protection of the childhood in
Ghana who provides complete safeguard of the childhood along with keeping in mind the
respective overall development of the child which is very essential for the nation 7. There are 54
articles issued by the government of Ghana that covers every aspect related to the protection of
5 Dunn, M. S., 2015. Many Questions and a Few Answers: Freedom of Association after
Saskatchewan Federation of Labour, Mounted Police Association of Ontario and Meredith.
In The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
(Vol. 71, No. 1, p. 15).
6 Fudge, J., 2015. Constitutionalizing labour rights in Canada and Europe: Freedom of
association, collective bargaining, and strikes. Current Legal Problems.68(1).pp.267-305.
7 El-Haj, T. A., 2014. Friends, Associates, and Associations: Theoretically and Empirically
Grounding the Freedom of Association. Ariz. L. Rev..56.p.53.

t6he child and the associated punishments for violating band making the child deprived of his
rights. Even the government has established various regulative bodies which takes the control of
the whole events and tries to solve the issues which are associated with it. The Government of
Ghana takes complete concern for protecting the rights of the child.