Restrictions on the Expression of Freedom of Conscience and Religion

Introduction

The right to freedom of thought, conscience and religion is guaranteed in the Republic of Armenia. It is an absolute right and it cannot be restricted in any way.

The right to freedom of thought, conscience and religion cannot be restricted during a declared state of emergency or martial law, which is also directly mentioned in the Article 76 of the Constitution of RA.

The Article 80 of the Constitution of RA stipulates that the essence of the provisions on basic rights and freedoms enshrined in Chapter 2 is inviolable.

This norm directly prohibits the public authority and its bodies to violate basic rights and freedoms in any way, and at the same time imposes an obligation on the public authority and its bodies not to distort, neutralize or violate their essence in the chain of legal regulation in terms of content.

Restrictions on the Expression of Freedom of Conscience and Religion

The right to freedom of thought, conscience and religion is guaranteed in the Republic of Armenia.  It is an absolute right and it cannot be restricted in any way.

Unlike the right to freedom of thought, conscience and religion, the expression of freedom of thought, conscience and religion may be restricted.

The Constitution of RA defines the cases, grounds, order and conditions of restriction of the freedom of expression of basic rights and freedoms of the human being and the citizen, including the expression of freedom of thought, conscience and religion. In particular:

The expression of freedom of thought, conscience and religion may be restricted only by law for the purpose of state security, protecting public order, health and morals or the basic rights and freedoms of others (Article 41).

Restrictions on basic rights and freedoms may not exceed the restrictions prescribed by international treaties of the Republic of Armenia (Article 81).

International treaties ratified by RA are an integral part of legal system of RA (Article 5) and the practice of bodies operating on the basis of international treaties on human rights, ratified by the Republic of Armenia, shall be taken into account when interpreting the provisions concerning basic rights and freedoms enshrined in the Constitution (Article 81).

Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1949) and Article 18 of the International Covenant on Civil and Political Rights (1966) define the conditions for restrictions to manifest freedom of religion or belief, which are the basis for legal constitutional regulation of RA restricting that right.

When dealing with issues related to the restriction of human rights and basic freedoms, the following should be taken into account: the intervention:

  • shall be prescribed by law, which presupposes the existence of law (legislative norm, any normative legal act, precedent or case law), as well as legal certainty (lawful (legitimate) law, «quality» of the law: predictability (clarity) and accessibility);
  • shall pursue lawful interest (to protect public safety, public order, health, morals, rights and freedoms of others)
  • shall be necessary in a democratic society, when there is an urgent public demand, proportional means of balancing individual and public interests, relevant, objective and sufficient grounds, rational connection between means and objective.

Article 78 of the Constitution of RA defines the principle of proportionality of restriction of rights, according to which the means chosen for restricting basic rights and freedoms must be suitable and necessary for achievement of the objective prescribed by the Constitution. The means chosen for restriction must be commensurate to the significance of the basic right or freedom being restricted.

Article 79 of the Constitution of RA defines the principle of certainty, according to which when restricting basic rights and freedoms, laws must define the grounds and extent of restrictions, be sufficiently certain to enable the holders and addressees of these rights and freedoms to display appropriate conduct.

Article 3 of RA Law on Freedom of Conscience and Religious Organizations also includes norms of regulation of restrictions on freedom of conscience and religion.

In particular:

  • It is forbidden to coerce or compel a citizen for making a decision to participate or not to participate in services, religious rites and ceremonies, and religious education․
  • The right of freedom of conscience is subject only to such restrictions which are necessary to insure public safety, law and order, the health and morality of the citizens and for the defense of the rights and freedom of other citizens.