[Introduction to the Constitution #12] Can someone force a religion on you? (Specific Human Rights: Freedom of Religion)

Why does freedom of religion exist?

First, let's check the article regarding freedom of religion.

Why does Japan guarantee freedom of religion in its Constitution?

The reason is generally to prevent religious wars. In the past, conflicts over differences in religion or sects in various countries involved the public and developed into wars. Also, in some countries, there was oppression based on religion. Freedom of religion exists to prevent such tragedies.

What freedom of religion guarantees

So, what exactly does freedom of religion guarantee? Specifically, it mainly guarantees the following three things.

1. Freedom of belief

First, you are free to believe in any religion you want in your heart, or to believe in none at all. The state cannot interfere with this at all. Public welfare is also not applicable.

2. Freedom of religious activities

You are also free to perform religious acts (such as participating in events or praying).

3. Freedom of religious association

It is also free to form religious organizations. Furthermore, joining or leaving them is also an individual's freedom.

Are there any restrictions on freedom of religion?

Whether restrictions arise depends on which aspect of freedom of religion it is.

Regarding 1

Since this is an absolute freedom, there is no interference by the state or others. It is completely free without being subject to interference even by public welfare.

Regarding 2 and 3

These are also free in principle. However, they may be subject to restrictions for the sake of public welfare, but these restrictions require a reasonable justification.

Important Precedents Regarding Freedom of Religion

Here, we will introduce two important precedents regarding freedom of religion.

1. Kendo Practical Training Refusal Case

A technical college student who was a Jehovah's Witness refused to take the mandatory Kendo practical training for religious reasons and failed the course. The issue was whether this infringed upon their freedom of religion. This is explained in detail in the article below, so please take a look if you are interested.

2. Aum Shinrikyo Dissolution Order Case

This case concerns the request for a dissolution order against Aum Shinrikyo, which caused numerous heinous crimes such as the Tokyo subway sarin attack. The issues were freedom of religion and public welfare. This is explained in detail in the article below, so please take a look if you are interested.

Summary of this session

• Article 20 of the Constitution guarantees the freedom of religion for citizens.

• As long as freedom of religion remains within one's inner conscience, it is not subject to any interference.

• Freedom of thought and conscience includes: (1) freedom of belief, (2) freedom of religious acts, and (3) freedom of religious association.

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Related Articles

A list of other articles in the Introduction to the Constitution series can be found here.