A/HRC/25/58/Add.1
binding on Sierra Leone, for instance, in article 14 of the Convention on the Rights of the
Child.
5.
Furthermore, Sierra Leone is a State party to the African Charter on Human and
Peoples’ Rights, which protects freedom of religion in its article 8.
B.
Constitutional provisions
6.
The 1991 Constitution of Sierra Leone has a number of human rights provisions that
include freedom of religion or belief. Section 24, subsection 1, of the Constitution states
that: “Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience and for the purpose 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.” While this
formulation bears an obvious resemblance to the wording used in article 18 of the
International Covenant on Civil and Political Rights, the subsequent subsections of
section 24 add more details.
7.
Section 24, subsection 2, relates to educational institutions and protects students
from possible pressure to attend religious instruction or ceremonies against their will or that
of their parents: “Except with his own consent (or if he is a minor the consent of his parent
or guardian) no person attending any place of education shall be required to receive
religious instruction or to take part in or to attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than his own.”
8.
The community aspect of manifesting a religious conviction in teaching, as already
guaranteed in subsection 1, is spelled out in more detail in subsection 3 of section 24: “No
religious community or denomination shall be prevented from providing religious
instruction for persons of that community or denomination in the course of any education
provided by that community or denomination.”
9.
Subsection 4 of section 24 specifies an important aspect of the “negative” freedom
of religion or belief by declaring: “No person shall be compelled to take any oath which is
contrary to his religion or belief or to take any oath in a manner which is contrary to his
religion or belief.”
10.
Subsection 5 of section 24 deals with possible limitations on freedom of religion or
belief which must meet certain criteria to be legitimate, thus serving a function similar to
the provision contained in article 18, paragraph 3, of the International Covenant on Civil
and Political Rights. The constitutional provision reads as follows: “Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question makes a provision which
is reasonably required (a) in the interest of defence, public safety, public order, public
morality or public health; or (b) for the purpose of protecting the rights and freedoms of
other persons including the right to observe and practice any religion without the
unsolicited intervention of the members of any other religion; and except in so far as that
provision or, as the case may be, the thing done under the authority thereof, is shown not to
be reasonably justifiable in a democratic society.”
C.
Other legal provisions
11.
The law books of Sierra Leone also include provisions aimed at ensuring religious
pluralism in the composition of important public institutions. For instance, the Child Rights
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