Article 9 : Freedom of thought ,consionce and religion

Added on - 29 Apr 2021

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The 3 Freedoms :Article 9 : Freedom of thought ,consionce and religion . ( Article 40 of theconstitution ).Article 10 : Relates to freedom of expression ( Article 41 Constitution )Article 11: Freedom of assembly of association ( Article 42 inconstitution)NB: 3 freedoms tend to overlap .In the sense that a violation of freedom ofconscience can very easily also involve a violation of freedom of expression.Article 9 : Freedom of thought ,consionce and religion . ( Article 40 of theconstitution ).This article protects freedom of thought ,conscience and religion,this means thatnot only is the right to personaly hold beliefs and opinions but also includes theright to believe in which religion one thinks.This may seem an obvious statementbut underlying it is the acknowledgment that the state as a general principle andsubject to the limitations here under recognizes all religions weather catholic,islam etc...The right to believe includes the right not to believe meaning that a party s underno obligation to practice any religion as it is often expressed there is the right todisbelieve as againtst the right to believe. Also this right extends to changingone’s faith. The articles acknowledge and protect the rights of citizen to publiclyor in private manifest their believes .Therefore this includes the right to publicdemostrations of one’s faith and also the public manifestation of practice andworship and also the right to teach and spread one’s believes .The constitutionadds that any requirement in the case of minor children to follow religiousinstruction is not a violation of the right to believe or not to believe provided thatthe choice is made by those who are legaly entitled to take decisions for minorchildren( Example : normally parents or guardian etc). Like wise the constitutionprovides that in the case of those who choose to enter a religiouse life , once thisis done volountarily there can be no question of violation of this article .Meaningthat if a person choses to enter in a religouse order ,one is bound by the rules ofthe order and cannot go agiants the right.The only limitation imposed here is that necisary in the interest of public safety,public order,public health ,public morality or decency or the protection of rightsand freedoms of others.The oncluding point is that when it was drafted it wasnormally considered as a tranquile article but today states have to deal withfundamentalism which sometimes could be based on extreme religouse bleives.So this article has now aqucired considrible relivance because of this factor.Article 10 : Relates to freedom of expression ( Article 41 Constitution ):The enfasis in article 10 is that the freedom to hold opinions brings with it theright to receive ideas ,vies and information and also the right to transmit suchideas and information.A person has the right to express publicly and in private
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