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."
-----------------------------------------------------------------
The 2006 Constitution of Gibraltar contains a long and detailed religious freedom guarantee. The section of religious education is interesting, as is the broad equal protection guarantee that does not specifically mention religion.
Religious Freedom
Article 1
(b) freedom of conscience, of expression, of assembly,
of association and
freedom to establish schools;
9.-(1) Except with his own consent, no
person shall be hindered in the enjoyment of
his freedom of conscience, and for the purposes of this section the said
freedom
includes freedom of thought and of religion, freedom to change his
religion or belief,
and freedom, either alone or in community with others and both in public
and in
private, to manifest and propagate his religion or belief in worship,
teaching, practice
and observance.
(2) Except with his own consent (or, if he is a minor as prescribed by
law, with the
consent of his guardian), no person attending any place of education
shall be required
to receive religious instruction or to take part in or attend any
religious ceremony or
observance if that instruction, ceremony or observance relates to a
religion that he
does not profess.
(3) No religious community or denomination shall be prevented from or
hindered in
making provision for the giving, by persons lawfully in Gibraltar, of
religious
instruction to persons of that community or denomination in the course
of any
education provided by that community or denomination.
(4) No person shall be compelled to take any oath that is contrary to
his religion or
belief or to take any oath in a
manner that is contrary to his religion or belief.
12.-(1) No religious denomination and
no religious, social, ethnic or cultural
association or group shall be prevented from establishing and
maintaining schools at
its own expense.
Equal
Protection of Religion?
Note: Broad anti-discrimination
provision, but religion is not specifically named
14(3) In this section, the
expression “discriminatory” means affording different
treatment to different persons attributable wholly or mainly to their
respective
descriptions by race, caste, place of or social origin, political or
other opinions or
affiliations, colour, language, sex, creed, property, birth or other
status, or such other
grounds as the European Court of Human Rights may, from time to time,
determine to
be discriminatory, whereby persons of one such description are subjected
to
disabilities or restrictions to which persons of another such
description are not made
subject or are accorded privileges or advantages that are not accorded
to persons of
another such description
Religious
Education
14(5) Nothing contained in any
law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that –(b) it makes
reasonable provision for ensuring that persons holding office as aforesaid and
giving instruction in schools maintained by the Government and attended wholly
or mainly by pupils of a particular religious community or
denomination are acceptable on moral and religious grounds to that
religious
community or denomination, or to the authorities of that community or
denomination.
Ceremonial
Deism
Schedule 1
Oath of Allegiance
I, , do swear [or solemnly affirm] that I will be
faithful and bear
true allegiance to Her Majesty Queen
Elizabeth II, Her Heirs and Successors,
according to law. [So help me God.]
Oath for
the due execution of the office of Governor
I, , do swear [or solemnly affirm] that I will well
and truly serve
Her Majesty Queen Elizabeth II, Her
Heirs and Successors, in the office of Governor
and Commander-in-Chief of the City
of Gibraltar. [So help me God.]
Oath for
the due execution of the office of member of the Council of Ministers of
the City
of Gibraltar
I, , do swear [or solemnly affirm] that I will well
and truly
serve Her Majesty Queen Elizabeth
II, Her Heirs and Successors, and Gibraltar and its
people, in the office of [Chief
Minister] [Minister] of the Government of Gibraltar.
[So help me God.]
Judicial
Oath
I, , do swear [or solemnly affirm] that I will well
and truly
serve Our Sovereign Lady Queen
Elizabeth II, Her Heirs and Successors, in the office
of Chief Justice/Puisne
Judge/President of the Court of Appeal/Justice of Appeal of
the City of Gibraltar and will do
right to all manner of people after the laws and
usages of the City of Gibraltar
without fear or favour, affection or ill will. [So help
me God.]
No comments:
Post a Comment