E/CN.4/1995/91/Add.1
page 100
Chapter 2 of the IG contains an enumeration of a number of legally
binding fundamental rights and freedoms. Some of them are absolute, and
may only be restricted or abolished by means of an amendment to the
Constitution. One of these absolute rights and freedoms is freedom of
worship. (Sect. 1:6).
Section 2 provides for protection against all coercion to divulge
an opinion in any political, religious, cultural or other similar
connection and protection against all coercion to participate in any
meeting for the formation of opinion or in any demonstration or other
expression of opinion or to belong to any political association,
religious congregation or other association for opinions of the nature
referred to in the first sentence.
Among other rights and freedoms guaranteed by chapter 2 of the IG
but which may be restricted through law enacted by Parliament are freedom
of speech (sect. 1:1); freedom of information (sect. 1:2); freedom of
assembly (sect 1:3) and freedom of association (sect. 1:5).
The scope for restricting these constitutional rights is strictly
limited. Under chapter 2, section 12 of the IG the restriction must
satisfy a purpose acceptable in a democratic society. It must not exceed
what is necessary with regard to the reason which has prompted it, nor
may it pose a threat to the free formation of opinion as one of the
foundations of a democracy. A constitutional right or freedom may not be
restricted solely because of a citizen’s political, religious, cultural
or similar views. Finally, no restriction may be imposed which is
discriminatory.
Further limitations on the possibility of imposing restrictions
apply to certain constitutional rights and freedoms. For example,
restrictions of freedom of association are permitted only with respect to
organized groups of a military or similar nature, or which engage in
racial persecution.
There are also special rules instructing Parliament how to enact
laws which restrict these rights and freedoms.
The rights and freedoms laid down in chapter 2 of the IG apply,
with a few exceptions, to the community at large, i.e. society. This
means that central government (the State) and local authorities (the
municipalities) may not invade anyone’s rights and freedoms by imposing
punishment or exercising physical force unless chapter 2 so permits.
Protection from assault by private persons is to be found in ordinary
law, inter alia the provision of the Penal Code dealing with punishment
for persecution of a population group, whereby a person threatens or
expresses contempt for a population group or other such group with
allusion to its race, skin colour, national or ethnic origin, or
religious faith.
Chapter 2 of the IG also prohibits laws and other regulations which
disfavour anyone who because of race, skin colour or ethnic origin
belongs to a minority (sect. 15).