HUMAN RIGHTS ABOVE ALL? – THOUGHTS ON NECESSARY RESTRICTIONS CONCERNING THE FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
HUMAN RIGHTS ABOVE ALL? – THOUGHTS ON NECESSARY RESTRICTIONS CONCERNING THE FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION

Summary/Abstract: The freedom of thought, conscience and religion is one of the most essential human rights promulgated in the Declaration of the Rights of Man and of the Citizen during the French Revolution. However, a freedom without any limit can also hold unthinkable dangers to the society. That is the reason why the modern international human right documents and the constitutions of the countries acknowledge the possibility of restriction. Concerning this fundamental right, we are able to distinguish several elements, but only one of them – the freedom to believe – shall be unristricted. In particular cases, the practice of one’s religion can lead to the violation of public order or other fundamental rights. There are minority religions which do not respect the order of law and tend to commit certain delicts. Against these movements, the tools of penal law shall be applicable.

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