Regarding the Content of the Category “Freedom of Religion”

Abstract

The article examines the content of the category of “freedom of religion” in the context of its modern understanding.
It is noted that the right to freedom of religion occupies a special place in the system of constitutional rights and human freedoms, which is confirmed not only by its constitutional enshrinement, but also by its international legal status. Traditionally, this subjective right, belonging to the group of “first generation” rights, is the basis of a democratic society. The European Court of Human Rights has repeatedly demonstrated such confirmation in its decisions in the light of the interpretation of Art. 9 of the European Convention (“Freedom of thought, conscience and religion”). Currently, the normative basis for ensuring this right in Ukraine is primarily the Constitution of Ukraine and the Law of Ukraine “On Freedom of Conscience and Religious Organizations” of April 23, 1991.
The author, having analyzed the works of scientists who studied the problem of determining the content of the category “freedom of religion”, concludes that freedom of religion is a natural human right, which provides for the possibility of free, independent of external influence, formation of one’s own beliefs about religion, individually or collectively, at one’s own discretion, to profess a certain religious belief, which is expressed in the observance and fulfillment of religious norms, visiting religious organizations, performing rituals, if such behavior does not violate current legislation.
The author distinguishes positive and negative freedom of religion. Positive freedom consists in wide possibilities for choosing views on religion, choosing the religion itself for confession, choosing methods and forms of implementing one’s own religious views and confession, choosing a religious community or an individual path of confession. Negative freedom of religion consists in preventing interference by individuals, groups or the state in the religious life of an individual or community, if their activities do not violate current legislation.,
It is determined that freedom of religion is a natural human right, which consists in the possibility and ability of a person to freely choose the sphere of religion or to abandon it, guided by his own reason and conscience.