Freedom of thought, conscience and religion are among the fundamental individual liberties which are protected at the constitutional and international level. They may be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public order, as defined by article 9.2 of the European Convention on Human Rights (ECHR). In accordance with article 52.3 of the Charter (Scope of guaranteed rights), this freedom may be subject only to the limitations set out by the ECHR.
The recognition of the right to conscientious objection in paragraph 2 reflects constitutional traditions and national legislation, and by referring to national law, allows the different ways in which this right is exercised to be taken into account.

One of the challenges of modern times in the respect of freedom of thought, conscience and religion, both at the international and national level, is the rise in religious intolerance. Issues relating to the status of sects are also linked to the exercise of this freedom.

Explanations relating to the complete text of the Charter as set out in the Charter.
Documents and contributions of the preparatory works of the Convention:

• Archives of the European Parliament.
• Archives of the European Commission.

UNITED NATIONS
Universal Declaration of Human Rights (UDHR) of 10 December 1948.
Article 18 : 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.

International Covenant on Civil and Political Rights, (ICCPR) of 16 December 1966.
Article 18 : 1. 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.
2.No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3.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.
4.The States Parties 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.

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, of 25 November 1981. (resolution 36/55)
Article 1 and article 6.

Vienna Declaration and action programme, adopted by the World Conference on Human Rights, on 25 June 1993.
Partie II - Point B - 22.: "The World Conference on Human Rights calls upon all Governments to take all appropriate measures in compliance with their international obligations and with due regard to their respective legal systems to counter intolerance and related violence based on religion or belief, including practices of discrimination against women and including the desecration of religious sites, recognizing that every individual has the right to freedom of thought, conscience, expression and religion. The Conference also invites all States to put into practice the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief."

Declaration of Principles on Tolerance, of UNESCO, on 16 November 1995.

Resolution of the General Assembly 52/122, of 23 February 1998, on Elimination of all forms of religious intolerance.

Geneva spiritual appeal of 24 October 1999.

UNHCHR

Web page of the Special Rapporteur of the Commission on Human Rights on freedom of religion or belief.

Résolution 2005/40 of 20 april 2005, Office of the High Commissioner for Human Rights "Elimination of all forms of intolerance and of discrimination based on religion or belief".

COUNCIL OF EUROPE

Convention for the Protection of Human Rights and Fundamental Freedoms (CPHR) (ETS No.005) of 4 November 1950.
Article 9 : Freedom of thought, conscience and religion.
1. 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 worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Committee of ministers

R (87) 8 of 9 April 1987, regarding conscientious objection to compulsory military service.

Parliamentary assembly

Recommendation 1178 (1992), of 5 February 1992, on sects and new religious movements.

Recommendation 1202 (1993), of 2 February 1993, on religious tolerance in a democratic society.

Recommendation 1396 (1999), of 27 January 1999, Religion and democracy.

Recommendation 1412 (1999), of 22 June 1999, Illegal activities of sects.

Recommandation 1720 (2005) of 4 october 2005 « Education and religion ».

Article 13 EC: Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

The rights guaranteed by Article 10 of the Charter do not give rise directly to legislation at European Union level. But the Union's legal order is subject to respect for these freedoms, as ordered by the Court of Justice of the Communities and in accordance with Article 6 of the Treaty on European Union.

Within the framework of Community law, Article 13 EC gives the Council the possibility of adopting measures to combat discrimination on grounds of sex, race or ethnic origin, religion or beliefs, disability, age or sexual orientation. (cf. Article 21 of the Charter) Indirectly, such measures contribute to the protection of freedom of thought, conscience and religion. More concretely, the uniform guarantee of this freedom and the rights it encompasses is extremely important for giving full effect to the free movement of persons and freedom of establishment. Measures restricting the free movement and residence of foreigners (Community or third country nationals) must respect fundamental rights: the exercise of freedom of thought cannot constitute grounds of law and order justifying the refusal of a residence permit, for example.

The situation is less clear cut in the case of cults. In dealing with the activities and practices of cults, the public authorities must simultaneously take account of freedom of thought, conscience and religion, and combat human rights violations and the illicit or criminal nature of these activities. As the European Parliament stated in its resolution adopted in 1996, there has to be a distinction between "legitimate" religious cults, considered as "new religious movements", and those whose practices violate the right to liberty, the prohibition of torture and inhuman or degrading treatment, or whose activities are part of international organized crime. In the latter case, the effort to combat "illegal" cults could benefit from the cooperation instruments established under Title VI of the Treaty on European Union.

• Working Paper published by the European Parliament Directorate-General for Research: "Cults in Europe." (People's Europe series, W 10, March 1997)

The right to conscientious objection as grounds to refuse to perform military service written into paragraph 2 is witness to a similar evolution in Member State legislations. In most Member States, military service is no longer compulsory. But although alternative civil service is possible wherever the obligation is still in force, the conditions and duration of such alternative service still vary widely.

• European Parliament, Commission on Foreign Affairs, Human Rights, Common Security and Defence Policy, Public Hearing on Human Rights and Freedom of Religion, 17 June 2003, European Parliament, Brussels.

E.C.H.R.
Definition

Campbell and Cosans v. UK, 25 February 1982.
"(.) In its ordinary meaning the word 'convictions', taken on its own, is not synonymous with the words 'opinions' and 'ideas', such as are utilised in Article 10 (art. 10) of the Convention, which guarantees freedom of expression; it is more akin to the term 'beliefs' (in the French text: 'convictions') appearing in Article 9 (art. 9) - which guarantees freedom of thought, conscience and religion - and denotes views that attain a certain level of cogency, seriousness, cohesion and importance. (.)' (§36).

Kokkinakis v. Greece, 25 May 1993.
"As enshrined in Article 9 (art. 9), freedom of thought, conscience and religion is one of the foundations of a 'democratic society' within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it.
"While religious freedom is primarily a matter of individual conscience, it also implies, inter alia, freedom to 'manifest [one's] religion'. Bearing witness in words and deeds is bound up with the existence of religious convictions.
According to Article 9 (art. 9), freedom to manifest one's religion is not only exercisable in community with others, 'in public' and within the circle of those whose faith one shares, but can also be asserted 'alone' and 'in private'; furthermore, it includes in principle the right to try to convince one's neighbour, for example through 'teaching', failing which, moreover, 'freedom to change [one's] religion or belief', enshrined in Article 9 (art. 9), would be likely to remain a dead letter." (§31).

Field of application

Campbell and Cosans v. UK, 25 February 1982.
Corporal punishment at school contrary to the "philosophical convictions" of the applicants. The Court holds that there is a violation of Article 2 of Protocol no. 1 to the European Convention of Human Rights (2nd sentence: the right of the parents to ensure education and teaching in conformity with their own religious and philosophical convictions). "(.) The applicants' views relate to a weighty and substantial aspect of human life and behaviour, namely the integrity of the person, the propriety or otherwise of the infliction of corporal punishment and the exclusion of the distress which the risk of such punishment entails. (.) it is this that distinguishes them from opinions that might be held on other methods of discipline or on discipline in general. (.)" (§36)
Le Cour Granmaison et Fritz v. France, ECommHR decision of 6 July 1987.
Conviction of French soldiers in Germany for having published and distributed pacifist tracts, resulting in lack of discipline.
The Commission "recalls that, conforming with its earlier decisions, 'pacifism forms part of the field of application of the Freedom of thought and conscience. The pacifist's attitude can thus be considered as a conviction protected by Article 9 paragraph 1".
"Nevertheless, in the present case the Commission notes that the tracts and petitions at issue caused the French soldiers serving in Germany to behave in a manner contrary to duty or to military discipline. For example, it notes that the leaflet distributed advocated organising a committee of soldiers to fight the hierarchy.
"The Commission thus holds that by distributing these publications, the applicants had not been expressing a conviction within the meaning of Article 9 para. 1 of the Convention, but rather they were attempting to undermine military discipline. Consequently, their conviction and the sentence imposed on them for having incited soldiers to act in a manner contrary to discipline and for breaching detention did not constitute a threat to the exercise of their rights as guaranteed under this Article." [unofficial translation]

Chassagnou and others v. France, 29 April 1999.
The applicants are opposed to French legislation that oblige them to integrate the parcels of land they own into communal hunting grounds.
"(.) The applicants are opposed to hunting on ethical grounds and the Court considers that their "convictions" in this respect attain a certain level of cogency, cohesion and importance and are therefore worthy of respect in a democratic society (.)." (§114)

Proselytising

Kokkinakis v. Greece, 25 May 1993.
"According to Article 9, freedom to manifest one's religion is not only exercisable in community with others, 'in public' and within the circle of those whose faith one shares, but can also be asserted 'alone' and 'in private'; furthermore, it includes in principle the right to try to convince one's neighbour, for example through 'teaching', failing which, moreover, 'freedom to change [one's] religion or belief', enshrined in Article 9, would be likely to remain a dead letter." (§31)

Larissis and others v. Greece, 24 February 1998.
"(.) Article 9 does not, however, protect every act motivated or inspired by a religion or belief. It does not, for example, protect improper proselytism, such as the offering of material or social advantage or the application of improper pressure with a view to gaining new members for a Church (.)." (§45)

Ban on the prohibition of certain religions

Manoussakis v. Greece, 26 September 1996.
Prohibitive tendency of Greek legislation and case-law regarding the practice of the religion of Jehovah's witnesses.
"(.) They argued that a law which made the practice of a religion subject to the prior grant of an authorisation, whose absence incurred liability to a criminal sanction, constituted an 'impediment' to that religion and could not be regarded as a law designed to protect freedom of religion (.)." (§37).
"(.)The right to freedom of religion as guaranteed under the Convention excludes any discretion on the part of the State to determine whether religious beliefs or the means used to express such beliefs are legitimate. Accordingly, the Court takes the view that the authorisation requirement under Law no. 1363/1938 and the decree of 20 May/2 June 1939 is consistent with Article 9 of the Convention only in so far as it is intended to allow the Minister to verify whether the formal conditions laid down in those enactments are satisfied. It appears from the evidence and from the numerous other cases cited by the applicants and not contested by the Government that the State has tended to use the possibilities afforded by the above-mentioned provisions to impose rigid, or indeed prohibitive, conditions on practice of religious beliefs by certain non-Orthodox movements, in particular Jehovah's Witnesses. (.)" (§§47 and 48)

Freedom to hold no religious beliefs

Buscarini and others v. San Marino, 18 February 1999.
"The Court reiterates that: 'As enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a 'democratic society' within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it' (.). That freedom entails, inter alia, freedom to hold or not to hold religious beliefs and to practise or not to practise a religion. "In the instant case, requiring Mr Buscarini and Mr Della Balda to take an oath on the Gospels did indeed constitute a limitation within the meaning of the second paragraph of Article 9, since it required them to swear allegiance to a particular religion on pain of forfeiting their parliamentary seats. Such interference will be contrary to Article 9 unless it is 'prescribed by law', pursues one or more of the legitimate aims set out in paragraph 2 and is 'necessary in a democratic society'." (§34).
"(.) As the Commission rightly stated in its report, it would be contradictory to make the exercise of a mandate intended to represent different views of society within Parliament subject to a prior declaration of commitment to a particular set of beliefs. "The limitation complained of accordingly cannot be regarded as 'necessary in a democratic society' (.)." (§§39 and 40)

Permitted limitations (Article 9(2) ECHR)

Sunday Times v. UK, 26 April 1979.
Limitations "prescribed by law".
"(.) Firstly, the law must be adequately accessible: the citizen must be able to have an indication that is adequate in the circumstances of the legal rules applicable to a given case. Secondly, a norm cannot be regarded as a "law" unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able - if need be with appropriate advice - to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail. Those consequences need not be foreseeable with absolute certainty: experience shows this to be unattainable. Again, whilst certainty is highly desirable, it may bring in its train excessive rigidity and the law must be able to keep pace with changing circumstances. Accordingly, many laws are inevitably couched in terms which, to a greater or lesser extent, are vague and whose interpretation and application are questions of practice." (§49).

Kokkinakis v. Greece, 25 May 1993.
Protection of the freedom of others. Distinction between improper proselytism and religious testimonials.
"First of all, a distinction has to be made between bearing Christian witness and improper proselytism. The former corresponds to true evangelism, which a report drawn up in 1956 under the auspices of the World Council of Churches describes as an essential mission and a responsibility of every Christian and every Church. The latter represents a corruption or deformation of it. It may, according to the same report, take the form of activities offering material or social advantages with a view to gaining new members for a Church or exerting improper pressure on people in distress or in need; it may even entail the use of violence or brainwashing; more generally, it is not compatible with respect for the freedom of thought, conscience and religion of others." (§48).

Kalaç v. Turkey, 1 July 1997.
Maintaining military discipline. Retiring a magistrate colonel in the Turkish army from office based on the fact that his activities within a community known to have illegal fundamentalist leanings.
"In choosing to pursue a military career Mr Kalaç was accepting of his own accord a system of military discipline that by its very nature implied the possibility of placing on certain of the rights and freedoms of members of the armed forces limitations incapable of being imposed on civilians (.). States may adopt for their armies disciplinary regulations forbidding this or that type of conduct, in particular an attitude inimical to an established order reflecting the requirements of military service." (§28).
"The Supreme Military Council's order was, moreover, not based on Group Captain Kalaç's religious opinions and beliefs or the way he had performed his religious duties but on his conduct and attitude (.). According to the Turkish authorities, this conduct breached military discipline and infringed the principle of secularism.
"The Court accordingly concludes that the applicant's compulsory retirement did not amount to an interference with the right guaranteed by Article 9 since it was not prompted by the way the applicant manifested his religion." (§§ 30 and 31).
Martins Casimiro and Cerveira Pereira v. Luxembourg, Court decision of 27 April 1999. Right to education. Refusal to waive the obligation to attend Saturday school of a child whose parents are members of the Seventh Day Adventist Church.
"The Court reiterates in this respect that the State has a duty to ensure that children are able exercise their right to education (.). Moreover, when the right of the parents as regards their religious convictions conflicts with, rather than supports, the right of the child to education, the interests of the child take precedence. (.) the Court considers the refusal provided by law to grant the applicants a general waiver from Saturday school for their son is justified by the principle of protecting the rights and freedoms of others, and in particular the right to education, and the proportionality between the means used and the goal sought was reasonable. They thus constituted a limitation on the right of the applicants to exercise freely their religion that conformed with Article 9(2) of the Convention." [unofficial translation]

Refah Partisi and others v. Turkey, 13 February 2003
Dissolution of a political party. Role of the State in the face of discriminatory regulations of religious inspiration (such as polygamy and privileges for men in matters of divorce and succession).
‘The freedoms guaranteed by Article 11, and by Articles 9 and 10 of the Convention, cannot deprive the authorities of a State in which an association, through its activities, jeopardises that State’s institutions, of the right to protect those institutions. In this connection, the Court points out that it has previously held that some compromise between the requirements of defending democratic society and individual rights is inherent in the Convention system. (…)’ (§ 96)
‘The Court sees no reason to depart from the Chamber's conclusion that a plurality of legal systems, as proposed by Refah, cannot be considered to be compatible with the Convention system. In its judgment, the Chamber gave the following reasoning: “70. ... the Court considers that Refah's proposal that there should be a plurality of legal systems would introduce into all legal relationships a distinction between individuals grounded on religion, would categorise everyone according to his religious beliefs and would allow him rights and freedoms not as an individual but according to his allegiance to a religious movement. The Court takes the view that such a societal model cannot be considered compatible with the Convention system, for two reasons. Firstly, it would do away with the State's role as the guarantor of individual rights and freedoms and the impartial organiser of the practice of the various beliefs and religions in a democratic society, since it would oblige individuals to obey, not rules laid down by the State in the exercise of its above-mentioned functions, but static rules of law imposed by the religion concerned. But the State has a positive obligation to ensure that everyone within its jurisdiction enjoys in full, and without being able to waive them, the rights and freedoms guaranteed by the Convention (…). Secondly, such a system would undeniably infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy. A difference in treatment between individuals in all fields of public and private law according to their religion or beliefs manifestly cannot be justified under the Convention, and more particularly Article 14 thereof, which prohibits discrimination. Such a difference in treatment cannot maintain a fair balance between, on the one hand, the claims of certain religious groups who wish to be governed by their own rules and on the other the interest of society as a whole, which must be based on peace and on tolerance between the various religions and beliefs (…)’. (§ 119)

Leyla Sahin v Turkey, 29 June 2004.
The applicant, a medical student at the University of Istanbul, was denied access to courses and examinations because she was wearing the Islamic headscarf. She alleged that such denial infringed her right to express her religious convictions guaranteed under Article 9 of the ECHR.
The Court observed that the ban on wearing the Islamic headscarf in teaching institutions constituted an interference in exercise of the right to express one's religious beliefs which is prescribed by Turkish law and which pursues the legitimate aims of protection of the rights and freedoms of others and protection of public order, "in view of the importance of upholding the principle of secularism and ensuring the neutrality of universities in Turkey." (§ 83) To assess the necessity of such interference, the Court attached great importance to the specific characteristics of Turkish society: the fact that the majority of the population adheres to the Islamic faith and the existence of extremist political movements using religious symbols for political purposes. (§§ 108-110) In this context, the protection of secularism and pluralism in a university may be seen as meeting a "pressing social need" and the interference in question appears proportionate to the legitimate aims pursued. The Court thus held that there had been no violation of Article 9 of the Convention.
The applicant subsequently requested that the case be referred to the Grand Chamber, which has agreed to hear it.

C.J.E.C.
Vivien Prais v. Council of the European Communities, 27 October 1976, Case 130/76.
Denial of an requests by the applicant to take an examination for the European Communities on a date other than that scheduled because of her religious convictions.
"When the competition is on the basis of tests, the principle of equality necessitates that the tests shall be on the same conditions for all candidates, and in the case of written tests the practical difficulties of comparison require that the written tests for all candidates should be the same.
It is therefore of great importance that the date of the written tests should be the same for all candidates.
The interest of participants not to have a date fixed for the test which is unsuitable must be balanced against this necessity.
If a candidate informs the appointing authority that religious reasons make certain dates impossible for him the appointing authority should take this into account in fixing the date for written tests, and endeavour to avoid such dates.
On the other hand if the candidate does not inform the appointing authority in good time of his difficulties, the appointing authority would be justified in refusing to afford an alternative date, particularly if there are other candidates who have been convoked for the test.
If it is desirable that an appointing authority informs itself in a general way of dates which might be unsuitable for religious reasons, and seeks to avoid fixing such dates for tests, nevertheless, for the reasons indicated above, neither the staff regulations nor the fundamental rights already referred to can be considered as imposing on the appointing authority a duty to avoid a conflict with a religious requirement of which the authority has not been informed.
In so far as the defendant, if informed of the difficulty in good time, would have been obliged to take reasonable steps to avoid fixing for a test a date which would make it impossible for a person of a particular religious persuasion to undergo the test, it can be said that the defendant in the present case was not informed of the unsuitability of certain days until the date for the test had been fixed, and the defendant was in its discretion entitled to refuse to fix a different date when the other candidates had already been convoked. For these reasons the plaintiff s claim should be rejected." (§§13 to 20)

 Constitution of the Kingdom of Belgium
Article 11
Enjoyment of the rights and freedoms recognized for Belgians should be ensured without discrimination. To this end, laws and decrees guarantee notably the rights and freedoms of ideological and philosophical minorities.
Article 19
Freedom of worship, public practice of the latter, as well as freedom to demonstrate one's opinions on all matters, are guaranteed, except for the repression of offenses committed when using this freedom.
Article 20
No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion, nor to observe the days of rest.

 Constitution of the Czech Republic
Article 15
(1) Freedom of thought, conscience and religious conviction is guaranteed. Everybody has the right to change his or her religion or faith, or to have no religious conviction.
(2) Freedom of scientific research and of the arts is guaranteed.
(3) Nobody may be forced to perform military service against his or her conscience or religious conviction. Detailed provisions are set by law.
Article 16
(1) Everybody has the right to profess freely his or her religion or faith either alone or jointly with others, privately or in public, through religious service, instruction, religious acts, or religious ritual.
(2) Churches and religious societies administer their own affairs, in particular appoint their organs and their priests, and establish religious orders and other church institutions, independently of organs of the State.(...)

 Constitution of the Kingdom of Denmark
Artilce 67
The citizens shall be entitled to form congregations for the worship of God in a manner consistent with their convictions, provided that nothing at variance with good morals or public order shall be taught or done.
Article 70
No person shall for reasons of his creed or descent be deprived of access to complete enjoyment of his civic and political rights, nor shall he for such reasons evade compliance with any common civic duty.

  Basic Law of the Federal Republic of Germany
Article 4
1. Freedom of creed, of conscience, and freedom to profess a religious or non-religious faith are inviolable.
2. The undisturbed practice of religion is guaranteed.
3. No one may be compelled against his conscience to render war service involving the use of arms. Details are regulated by a federal statute.
Article 12a
(...) (2) A person who refuses, on grounds of conscience, to render war service involving the use of arms can be required to render a substitute service. The duration of such substitute service may not exceed the duration of military service. Details are regulated by a statute which may not interfere with the freedom to take a decision
based on conscience and which must also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard. (...)
Article 136
(1) Civil and political rights and duties are neither dependent on nor restricted by the exercise of the freedom of religion.
(2) Enjoyment of civil and political rights and eligibility for public office are independent of religious denomination.
(3) No one is bound to disclose his religious convictions. The authorities have no right to inquire into a person's membership of a religious body except to the extent that rights or duties depend thereon or that a statistical survey ordered by law makes it necessary.
(4) No one may be compelled to perform any religious act or ceremony or to participate in religious exercises or to use a religious form of oath.
Article 137
1. There is no state church.
2. Freedom of association to form religious bodies is guaranteed. The union of religious bodies within the territory of the Reich is not subject to any restrictions.

 Constitution of the Republic of Estonia
Article 40
« Everyone has freedom of conscience, religion and thought.
Everyone may freely belong to churches and religious societies. There is no state church.
Everyone has the freedom to exercise his or her religion, both alone and in community with others, in public or in private, unless this is detrimental to public order, health or morals. »
Article 41
« Everyone has the right to remain faithful to his or her opinions and beliefs. No one shall be compelled to change them.
Beliefs shall not excuse a violation of the law.
No one shall be held legally responsible because of his or her beliefs. »
Article 42
« State agencies, local governments, and their officials shall not gather or store information about the beliefs of an Estonian citizen against the citizen’s free will. »

 Constitution of the Hellenic Republic
Article 4
Every Greek able to bear arms shall be obliged to assist in the defence of the nation, as provided by law. (...)
Interpretatice clause:
The provision of paragraph 6 does not preclude the law to provide mandatory provision of other services, within or ouside the armed forces (alternative service), by those having subltantiated conscientious objection to performing armed or military duties in general.
Article 13
1. The freedom of religious conscience is inviolable. The enjoyment of civil and individual rights does not depend on the religious conviction of each individual.
2. Every known religion is free and the forms of worship thereof shall be practiced without any hindrance by the State and under protection of the law. The exercise of worship shall not contravene public order or offend morals. Proselytizing is prohibited.(...)
4. No person shall, by reason of his religious convictions, be exempt from discharging his obligations to the State, or refuse to comply with the laws.(...)

 Constitution of the Kingdom of Spain
Article 16
1. Freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression than may be necessary to maintain public order as protected by law.
2. No one may be compelled to make statements regarding his or her ideology, religion or beliefs.
3. No religion shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall consequently maintain appropriate cooperation relations with the Catholic Church and other confessions.
Article 30
(...) 2.The law shall determine the military obligations of Spaniards and shall regulate, with all due guarantees, conscientious objection as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose a community service in place of military service.
3. A civilian service may be established with a view to accomplishing objectives of general interest.
4. The duties of citizens in the event of serious risk, catastrophe or public calamity may be regulated by law.

Constitution of the French Republic
Artcile 1
France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs.

 Constitution of Ireland
Article 44.2
1. Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen. (...)
3. The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

 Constitution of the Italian Republic
Article 19
All shall be entitled to profess their religious beliefs freely in any form, individual or in association, to promote them, and to celebrate their rites in public or in private, provided that they are not offensive to public morality.
Article 52
(...) Military service shall be compulsory, within the limits and in the ways laid down by law. The fulfillment of military duties shall not prejudice a citizen's position as an employee, nor the exercise of his political rights. (...)

 Constitution of the Republic of Cyprus
Appendice D – Part II – Rights and Fundamental Freedoms
Article 18
« 1. Every person has the right to freedom of thought, conscience and religion.
2. All religions whose doctrines or rites are not secret are free.
3. All religions are equal before the law. Without prejudice to the competence of the Communal Chambers under this Constitution, no legislative, executive or administrative act of the Republic shall discriminate against any religious institution or religion.
4. Every person is free and has the right to profess his faith and to manifest his religion or belief, in worship, teaching, practice or observance, either individually or collectively, in private or in public, and to change his religion or belief.
5. The use of physical or moral compulsion for the purpose of making a person change or preventing him from changing his religion is prohibited.
6. Freedom to manifest one's religion or belief shall be subject only to such limitations as are prescribed by law and are necessary in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person.
7. Until a person attains the age of sixteen the decision as to the religion to be professed by him shall be taken by the person having the lawful guardianship of such person.
8. No person shall be compelled to pay any tax or duty the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own. »

Constitution of the Republic of Latvia
Article 99
“99. Everyone has the right to freedom of thought, conscience and religion. The church shall be separate from the State.”
Article 116
“The rights of persons set out in Articles ninety-six, ninety-seven, ninety-eight, one hundred, one hundred and two, one hundred and three, one hundred and six, and one hundred and eight of the Constitution may be subject to restrictions in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the State, and public safety, welfare and morals. On the basis of the conditions set forth in this Article, restrictions may also be imposed on the expression of religious beliefs.”

Constitution of the Republic of Lithuania
Article 26
Freedom of thought, conscience, and religion shall not be restricted.
Each human being shall have the right to freely choose any religion or beliefs and, either alone or with others, in private or in public, to profess his religion, to perform religious practices, to practice his beliefs and teach them.
No one may coerce another person or be subject to coercion to choose or profess any religion or beliefs.
The freedom of a human being to profess and impart his religion or beliefs may not be restricted other than by law and only when it is necessary to guarantee the security of society, public order, the health and morals of the people, as well as other basic rights and freedoms of the person.
Parents and legal guardians shall look after the religious and moral education of their children and wards without restrictions in accordance with their own convictions.
Article 27
Neither a crime nor a failure to execute the law may be justified by the prior convictions, religion, or beliefs of the human being.

 Constitution of the Grand Duchy of Luxembourg
Article 19
Freedom of religion and of public worship as well as freedom to express one's religious opinions are guaranteed, subject to the repression of offenses committed in the exercise of such freedoms.
Article 20
No one may be forced to take part in any way whatsoever in the acts and ceremonies of a religion or to observe its days of rest.

Constitution of the Republic of Hungary
Article 60
“1) In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom of religion.
(2) This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or privately express or decline to express, exercise and teach such religions and beliefs by way of religious actions, rites or in any other way, either individually or in a group.
(3) The church and the State shall operate in separation in the Republic of Hungary.
(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of belief and religion.”

 Constitution of Malta
Article 32
“Whereas every person in Malta is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely --
(…) (b) freedom of conscience, of expression and of peaceful assembly and association; (…).”
Article 40
“(1) All persons in Malta shall have full freedom of conscience and enjoy the free exercise of their respective mode of religious worship.
(2) No person shall be required to receive instruction in religion or to show knowledge or proficiency in religion if, in the case of a person who has not attained the age of sixteen years, objection to such requirement is made by the person who according to law has authority over him and, in any other case, if the person so required objects thereto:
Provided that no such requirement shall be held to be inconsistent with or in contravention of this section to the extent that the knowledge of, or the proficiency or instruction in, religion is required for the teaching of such religion, or for admission to the priesthood or to a religious order, or for other religious purposes and except so far as that requirement is shown not to be reasonably justifiable in a democratic society.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1), to the extent that the law in question makes provision that is reasonably required in the interests of public safety, public order, public morality or decency, public health, or the protection of the rights and freedoms of others, and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society.”

 Constitution of the Kingdom of the Netherlands
Article 6
1. Everyone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law.
2. Rules concerning the exercise of this right other than in buildings and enclosed places may be laid down by Act of Parliament for the protection of health, in the interest of traffic and to combat or prevent disorders.
Article 99
Exemption from military service because of serious conscientious objections shall be regulated by Act of Parliament.
Article 99a
Duties may be assigned for the purpose of civil defence in accordance with rules laid down by Act of Parliament.

 Republic of Austria - Federal Constitutional Laws Article 9a (...) (3) Every male Austrian national is liable for military service. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service. The details are settled by law.
Article 14 Art. 14. Everyone is guaranteed complete freedom of conscience and creed. The enjoyment of civil and political rights is independent of religious belief. Nevertheless duties incumbent on nationals may not be prejudiced by religious beliefs. No one can be forced to observe a ritual act or to participate in an ecclesiastical ceremony in so far as he is not subordinate to another who is by law invested with such authority.

Constitution of the Republic of Poland
Article 25
1. Churches and other religious organizations shall have equal rights.
2. Public authorities in the Republic of Poland shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure their freedom of expression within public life.
3. The relationship between the State and churches and other religious organizations shall be based on the principle of respect for their autonomy and the mutual independence of each in its own sphere, as well as on the principle of cooperation for the individual and the common good.
4. The relations between the Republic of Poland and the Roman Catholic Church shall be determined by international treaty concluded with the Holy See, and by statute.
5. The relations between the Republic of Poland and other churches and religious organizations shall be determined by statutes adopted pursuant to agreements concluded between their appropriate representatives and the Council of Ministers.
Article 53
1. Freedom of faith and religion shall be ensured to everyone.
2. Freedom of religion shall include the freedom to profess or to accept a religion by personal choice as well as to manifest such religion, either individually or collectively, publicly or privately, by worshipping, praying, participating in ceremonies, performing of rites or teaching. Freedom of religion shall also include possession of sanctuaries and other places of worship for the satisfaction of the needs of believers as well as the right of individuals, wherever they may be, to benefit from religious services.
3. Parents shall have the right to ensure their children a moral and religious upbringing and teaching in accordance with their convictions. The provisions of Article 48, para. 1 shall apply as appropriate.
4. The religion of a church or other legally recognized religious organization may be taught in schools, but other peoples' freedom of religion and conscience shall not be infringed thereby.
5. The freedom to publicly express religion may be limited only by means of statute and only where this is necessary for the defence of State security, public order, health, morals or the freedoms and rights of others.
6. No one shall be compelled to participate or not participate in religious practices.
7. No one may be compelled by organs of public authority to disclose his philosophy of life, religious convictions or belief.
Article 85
(...) 3. Any citizen whose religious convictions or moral principles do not allow him to perform military service may be obliged to perform substitute service in accordance with principles specified by statute.

 Constitution of the Portuguese Republic
Article 41
1. Freedom of conscience, religion and worship is inviolable.
2. No one shall be persecuted or deprived of rights or exempted from civil responsibilities or duties by reason of his or her convictions or religious observance. (...)
4. Churches and religious communities shall be independent of the State and are free to determine their own organisation and to perform their own ceremonies and worship. (...)
6. The right to be a conscientious objector shall be guaranteed by the law.

Constitution of the Republic of Slovenia
Article 7
The state and religious communities shall be separate.
Religious communities shall enjoy equal rights; they shall pursue their activities freely.
Article 35
The inviolability of the physical and mental integrity of every person, his privacy and personality rights shall be guaranteed.
Article 41
Religious and other beliefs may be freely professed in private and public life.
No one shall be obliged to declare his religious or other beliefs.
Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions.

Constitution of the Slovak Republic
Article 24
(1) Freedom of thought, conscience, religion and belief shall be guaranteed. This right shall include the right to change religion or belief and the right to refrain from a religious affiliation. Everyone shall have the right to express his or her mind publicly.
(2) Everyone shall have the right to manifest freely his or her religion or belief either alone or in association with others, privately or publicly, in worship, religious
acts, maintaining ceremonies or to participate in teaching.
(3) Churches and ecclesiastical communities shall administer their own affairs themselves; in particular, they shall establish their bodies, appoint clericals, provide
for theological education and establish religious orders and other clerical institutions independent from the state authorities.
(4) The exercise of rights under paragraphs 1 to 3 may be restricted only by a law, if it is regarding a measure necessary in a democratic society for the
protection of public order, health and morals or for the protection of the rights and freedoms of others.
Article 25
(1) The defence of the Slovak Republic is a honourable privilege and duty of citizens. The law shall provide the extent of military duty.
(2) No one shall be forced to perform military service if it is contrary to his or her conscience or religion. A law shall lay down the details.

 Constitution of Finland
Article 11
Everyone has the freedom of religion and conscience.
Freedom of religion and conscience entails the right to profess and practice a religion, the right to express one's convictions and the right to be a member of or decline to be a member of a religious community. No one is under the obligation, against his or her conscience, to participate in the practice of a religion.

 Constitution of the Kingdom of Sweden
Article 1
(1) All public power in Sweden proceeds from the people.
(2) Swedish democracy is founded on freedom of opinion and on universal and equal suffrage. It shall be realized through a representative and parliamentary polity and through local self-government.
(3) Public power shall be exercised under the law.

Human Rights Act
Article 9
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 worship, teaching, practice and observance.
Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

This list of NGOs is subject to change. It is provided for information purposes only and is not exhaustive. The NGOs listed are those with activities related to one of the fundamental rights protected by the Charter and that are active at European Union level or in the Member States.

Conference of European Churches (CEC)

Conference of European Churches (CEC-KEK) is an ecumenical organisation established in 1958 and uniting 126 Orthodox, Anglican, Old Catholic and Protestant churches, and 43 associate European organisations. It is autonomous, and works closely with the Ecumenical Council of Churches (ECC) and with the Conference of European Episcopal council (CCEE).
The Church and Society Commission of the CEC studies issues with a European dimension in working groups and represents member Churches in dialogue with the European institutions.
Contact: General Secretariat (Geneva)

Contact: General Secretariat (Geneva)
E-mail: cec@cec-kek.org
Telephone: +41 22 791 61 11
Brussels office
E-mail: csc.bru@cec-kek.be
Telephone: +32 2 230 17 32

Council of European Bishops' Conferences (CCEE)

The Council of European Bishops’ Conferences (CCEE), founded in 1971, brings together the European Bishops’ Conferences (Roman Catholic Church) in order to promote cooperation among Bishops in Europe. It works with the Conference of European Churches (CEC) in a joint committee and is also active in a joint committee on Islam in Europe.

Contact
E-mail: ccee@telenet.ch

Commission des Épiscopats de la Communauté Européenne (COMECE)

COMECE, founded in 1980, is made up of the Bishops delegated by the Catholic Bishops’ Conferences of EU Member States. It serves as a liaison body between the Bishops’ Conferences and the European institutions.
COMECE’s objectives:

• to monitor and analyse the political process of the European Union;
• to inform the Church of the development of EU policy and legislation;
• to encourage discussion, based on the Church’s social teaching, of the challenges facing a united Europe.

Contact
E-mail: comece@comece.org
Telephone: + 32 2 235 05 10 (Brussels)

Centre européen juif d’information (CEJI)

The Centre européen juif d’information was founded in 1990 and brings together representatives of Europe’s Jewish community. Its objectives are to provide European Union decision makers with information on Jewish experiences, projects and ideas in the areas of fundamental rights, education, training and social integration, and to facilitate the involvement of Jewish communities in this process.
European Peer Training Organisation (EPTO) is the CEJI's Youth section.

Contact
E-mail: ceji@ceji.org
Telephone: + 32 (0)2 - 344 34 44

League for cooperation among Muslim Associations in Europe

Office of the Orthodox Church for the European Union

Contact
E-mail: OEU@compuserve.com

European Federation of Centres of Research and Information on Sectarianism (FECRIS)

FECRIS was created on 30 June 1994 in Paris. Its members are European associations active in combating sectarian and totalitarian practices and organisations. It represents its members in their contacts with the European institutions and:

• alerts international bodies in cases of sectarian-related punishable acts;
• contributes to the creation of a European legal area for combating sectarianism;
• maintains an international information network;
• carries out studies and research on sectarianism.

FECRIS and its members define sectarianism as the trade in beliefs and destructive behavioural techniques using mind control. Their reflection and actions are based on behavioural analysis and listening to the victims of abuse or of presumably abusive activities; the issue of sectarianism is not approached on the ground of beliefs and religion.
Common Declaration of the associations represented at the European Conference in Paris on 23 and 24 April 1999

Contact:
E-mail: presidence@griess.st1.at
Telephone: + 33 1 40 60 99 47 (Paris)

European Humanist Federation (EHF)

The European Humanist Federation (EHF) is an international association created under Belgian law in 1991; its members are national humanist and secular associations from European countries.
Objectives of the EHF:

• to carry out educational, scientific and cultural actions promoting a humanist approach to cultural, social and ethical values in Europe;
• to encourage, primarily in Europe, the role of voluntary organisations furthering the same objectives;
• to represent its member organisations in dialogue with the European institutions;
• to promote exchanges among its members and the exchange of information and experiences that contribute to the development of humanist and secular values in Europe and to social and cultural progress.

EHF contributions.
End-of-life issues.

Contact
E-mail: fhe@ulb.ac.be
Telephone: +32 2 627 68 90 (Brussels)

European Bureau for Conscientious Objection (EBCO)

The European Bureau for Conscientious Objection (EBCO) was created in 1979. It brings approximately 30 national organisations together in more than 20 European countries to fight for the rights of conscientious objectors.
EBCO’s main objective is to promote conscientious objection to military service as a fundamental right at national and international level. EBCO also promotes:

• the right to a civilian alternative to military service, including at the international level, by making it possible to carry out such service in a foreign country without being penalised in terms of length or conditions of service;
• the right of asylum for conscientious objectors whose home countries do not recognise their rights.

Contact: International Secretariat
E-mail: ebco@pangea.org
Telephone: + 34 93 425 40 64 (Barcelona)
Brussels office:
E-mail: ebcobrussels@ifias.net
Telephone: + 32 2 21 57 908