The protection of religious rights in South Africa’s transitional constitution

Abstract

This article explains in outline how religious rights and freedoms are protected in South Africa's transitional constitution. It not only deals with these rights and freedoms as such, but also with related rights and freedoms which amplify and enhance constitutional entitlements in the religious sphere. The operation of section 14 of the constitution (in which religious rights and freedoms are mentioned by name) and o f related provisions is also discussed with reference to the operation of the bill of rights as a whole. The freedom of religion provisions in the constitution are furthermore assessed in view of:

• a clause proposed as an addendum to a Declaration on Religious Rights and Responsibilities approved and adopted by a National Inter- Faith Conference held under the auspices of the South African Chapter of the World Conference on Religion and Peace, and (to a lesser extent)
• certain universally accepted standards for the protection of religious rights and freedoms.

Specific articles of the Declaration on Religious Rights and Responsibilities itself are also taken into account but the declaration as a whole is not considered.