Freedom of conscience

23 | Freedom of conscience

Law Society of Zimbabwe: Model Constitution of Zimbabwe (2010)
  1. Everyone has the right to freedom of conscience, which includes—
    1. freedom of thought, opinion, religion or belief;
    2. freedom to change their thought, opinion, religion or belief;
    3. freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others;  and
    4. academic and artistic freedom.
  2. No one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief.
  3. The State must not interfere with the rights of parents and guardians of minor children to determine their children’s moral and religious education in conformity with the convictions of such parents and guardians.
  4. Any religious community may establish institutions where religious instruction may be given, even if the institution receives a subsidy or other financial assistance from the State.
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19 | Protection of freedom of conscience

Constitution of Zimbabwe (at 13th Feb, 2009)
  1. Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of conscience, that is to say, freedom of thought and of religion, freedom to change his religion or belief, and freedom, whether alone or in community with others, and whether in public or in private, to manifest and propagate his religion or belief through worship, teaching, practice and observance.
  2. Except with his own consent or, if he is a minor, the consent of his parent or guardian, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.
  3. No religious community shall be prevented from making provision for the giving by persons lawfully in Zimbabwe of religious instruction to persons of that community in the course of any education provided by that community, whether or not that community is in receipt of any subsidy, grant or other form of financial assistance from the State.
  4. No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
  5. Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) or (3) to the extent that the law in question makes provision—
    1. in the interests of defence, public safety, public order, public morality or public health;
    2. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited intervention of persons professing any other religion or belief; or
    3. with respect to standards or qualifications to be required in relation to places of education, including any instruction, not being religious instruction, given at such places; 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.
  6. References in this section to a religion shall be construed as including references to a religious denomination and cognate expressions shall be construed accordingly.
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44 | Freedom of conscience

Kariba Draft Constitution
  1. Everyone has the right to freedom of conscience, which includes–
    1. freedom of thought, opinion, religion or belief;
    2. freedom to change their thought, opinion, religion or belief; and
    3. freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others.
  2. No one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief.
  3. Religious observances may be conducted and religious instruction may be given at public institutions, including State or State-aided institutions, if–
    1. the observances follow reasonable rules made by the appropriate public authorities; and
    2. the observances are conducted on an equitable basis and with due regard to the rights and sensibilities of others.
  4. Any religious community may ensure that religious instruction is given in educational courses or institutions provided by the community, even if the community receives a subsidy or other financial assistance from the State.
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23 | Freedom of conscience

National Constitutional Assembly (NCA) Draft Constitution (2001)
  1. Everyone has the right to freedom of conscience, which includes—
    1. freedom of thought, opinion, religion or belief;
    2. freedom to change their thought, opinion, religion or belief;
    3. freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private and whether alone or together with others; and
    4. academic freedom in institutions of higher learning.
  2. No one may be compelled to take an oath that is contrary to their religion or belief or to take an oath in a manner that is contrary to their religion or belief.
  3. The State must respect the right of parents and guardians of children to ensure their children’s religious and moral education in conformity with their own convictions.
  4. Any religious community may ensure that religious instruction is given in educational courses or institutions provided by the community, even if the community or institution receives a subsidy or other financial assistance from the State.
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