E/CN.4/1995/91/Add.1
page 81
(3)
The Constitution of a religious body or denomination shall not be
altered except with the consent of that governing authority of that
body or denomination.
(4)
No religious body or denomination shall be prevented from providing
religious instructions for persons of that body or denomination
whether or not that body or denomination is in receipt of any
government subsidy, grant or other form of financial assistance
designed to meet, in whole or in part, the cost of such course of
education.
(5)
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.
(6)
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 provision which is
reasonably required:
(a)
in the interest of defence, public safety, public order,
public morality or public health,
(b)
for the purpose of protecting the rights and freedoms of
other persons, including the right to observe and practise
any religion without the unsolicited intervention of members
of any other religion.
This section is one of the entrenched provisions of the
Constitution which means in this case that should any legislation be
passed to alter that section, it is subject to the following process:
(i)
a period of three months must elapse between the introduction
of the Bill into the House of Representatives and the
commencement of the first debate on the whole text of that
Bill in that House and a further period of three months has
elapsed between the conclusion of that debate and the passing
of that Bill by that House.
(ii)
the Bill shall not be deemed to be passed in either House
unless at the final vote thereon it is supported by the votes
of not less than two thirds of all the members of that
House - a much more stringent requirement than for Bills
altering sections of the Constitution not Entrenched which
require the votes of a majority of all the members of that
House.
Notwithstanding the provisions of subsection (6) of 21, it is not
anticipated that laws would be passed derogating from the right of
freedom of religion.