E/CN.4/1992/52
page 103
Burkina Faso
In its reply, the Government indicated that "Any citizen is free to
practise the religion of his choice or not to practise it, in accordance with
article 7 of the Constitution, which guarantees 'freedom of belief, non-belief
and religious opinion'. Similarly, no distinction is made between citizens
and aliens in matters of religion."
"The Supreme Court of Canada has stated that at the very least freedom of
religion in the Charter should mean that government may not coerce individuals
to affirm a specific religious belief or manifest a specific religious
practice (R. v. Big M Drug Mart Ltd., (1985) 1 S.C.R. 295). Thus free
thinkers, agnostics and atheists would be protected by the Charter from any
coercion in this regard.
Furthermore, section 2(a) of the Canadian Charter of Rights and Freedoms
guarantees freedom of religion and conscience. For the most part Charter
cases based on section 2(a) have involved claims relating to religion
in stricto sensu rather than more generally to matters of conscience.
However, in R. v. Morgentaler et al., (1988) I S.C.R. 30 [it was] indicated in
a concurring judgement that section 2(a) should be interpreted broadly to
extend to conscientiously held beliefs, whether grounded in religion or in a
secular morality."
In its reply, the Government of Cyprus did not refer specifically to this
question, but stated the following:
"According to the Constitution of Cyprus, which is the supreme law in the
Republic, all religions are free and equal before the law. Freedom of
religion and conscience also includes convictions such as agnosticism, free
thinking, pacifism, atheism and rationalism.
Article 18 of the Constitution provides that 'every person has the right
to freedom of thought, conscience and religion1.
Moreover, Article 28 provides that:
1.
All persons are equal before the law, the administration and justice and
are entitled to equal protection thereof and treatment thereby.
2.
Every person shall enjoy all the rights and liberties provided for in
this Constitution without any direct or indirect discrimination against
any person on the ground of his community, race, religion, language, sex,
political or other convictions, national or social descent, birth,
colour, wealth, social class, or on any ground whatsoever, unless there
is express provision to the contrary in this Constitution.