E/CN.4/1995/91/Add.1
page 82
Should a person feel that his freedom of religion is being
infringed, he may proceed under Section 25 of the Constitution, which
reads as follows:
(1)
Subject to the provisions of subsection (4) of this section, if any
person alleges that any of the provisions of sections 14 to 24
(inclusive) of this Constitution has been, is being or likely to be
contravened in relation to him, then, without prejudice to any
other action with respect to the same matter which is lawfully
available, that persons may apply to the Supreme Court for redress.
(2)
The Supreme Court shall have original jurisdiction to hear and
determine any application made by any person in pursuance of
subsection (1) of this section and may make such orders, issue such
writs and give such directions as it may consider appropriate for
the purpose of enforcing, or securing the enforcement of, any of
the provisions of the said sections 14 to 24 (inclusive) to the
protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under
this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the
person concerned under any other law.
(3)
Any person aggrieved by any determination of the Supreme Court
under this section may appeal to the Court of Appeal.
(4)
Parliament may make provision, or may authorize the making of
provision, with respect to the practice and procedure of any court
for the purposes of this section and may confer upon that Court
such powers or may authorize the conferment thereon of such powers,
in addition to those conferred by this section as may appear to be
necessary or desirable for the purpose of enabling that court more
effectively to exercise the jurisdiction conferred upon it by this
section.
Other items of legislation in this regard may be the following:
’18 (1) It shall not be required as a condition of admission
or attendance of any pupil in a public educational institution:
(a)
that he shall attend or abstain from attending any Sunday
School or place of religious worship;
(b)
that he shall, if his parent objects, attend any religious
observance or any instruction in religious subjects at such
institution or elsewhere;
(c)
that he shall attend such institution on any day specially
set apart for religious worship by the religious body to
which he belongs.