Laws are needed to protect precious freedoms of conscience

Treaty for religious freedom must be acted upon without further delay, says Julian Porteous

THE

result of the national postal survey on marriage has shown that, of those who voted, a majority of Australians supported the Yes position. However, it is important to note that nearly five million Australians voted to retain the traditional understanding of marriage.

What is clear from the debate is that many Australians, including those who voted Yes, believe that freedom of conscience needs to be protected in any amendment to the Marriage Act.

It is not just an issue of religious freedom for churches; it is important that all Australians are able to express their views on marriage. Furthermore, it is important that faith-based schools are able to teach the traditional understanding of marriage according to the tenets of their religion and that church agencies are able to operate in a manner consistent with the beliefs of the sponsoring church.

Australia has been deeply committed to upholding the right to the freedom of speech and association, and, in particular, religious freedom. Australia was one of the eight nations involved in the drafting of the Universal Declaration of Human Rights. The declaration asserts that “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance”.

It is also a signatory to the International Covenant on Civil and Political Rights (ICCPR) which came into legal force in Australian law on 13 November 1980. Article 18 of this covenant asserts, “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private to manifest his religion or belief in worship, observance, practice and teaching.” It further states, “No-one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice”.

Recognising that no right is absolute, the covenant says, “Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others”. It mentions specifically the rights of parents, stating, “The States party to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions”.

Both the Commonwealth and states and territories have done very little to implement this treaty and ensure such freedoms and rights are legally protected.

It is odd that such a fundamental right remains without any serious federal or

state protection particularly when one considers that it was a key recommendation of the Human Rights and Equal Opportunity Commission (now the Human Rights Commission) in its 1998 report. Commenting on Article 18 of the ICCPR, it said the Commonwealth Parliament should “enact a Religious Freedom Act which, among other things, recognises and gives effect to the right to freedom of religion and belief”.

Currently across Australia there is no appropriate protection for freedom of religion. If marriage is legally redefined there are no protections for those who for religious reasons or conscience cannot formerly recognise or take any part in same-sex weddings. More importantly there are no protections for church agencies that provide essential services to the community, like education, welfare and healthcare.

Former prime minister John Howard has raised serious concerns about the lack of protections for freedom of belief and called on the Government to enact robust protections. At this moment in our history, it is vital we actually live up to our treaty obligations and ensure such rights and freedoms are actually protected.

The right to religious freedom and freedom of conscience goes to the core of the person. What one conscientiously believes about the nature of human life is fundamental to how one shapes one’s ethical life and one’s conscience. It lies at the heart of one’s personal identity.

Every person does in fact have a fundamental set of beliefs which shapes their attitudes, their ethical stance and aspirations for their life. This is something sacred to each person.

Those who hold to the traditional understanding of marriage need to be able to live by their conscientiously held beliefs. The various agencies run by churches need to be able to maintain their mission and identity while providing essential services to the community. Our nation can rightly pride itself on the freedom it accords its citizens. To lose this freedom will be to the great detriment of Australia.