Constitutional rights and religious freedom

The Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa) includes the following freedoms as fundamental human rights:

• Everyone has the right to freedom of conscience, religion, thought, belief and opinion (section 15).
• Everyone has the right to freedom of expression (section 16).
• Everyone has the right to freedom of association (section 18).
• Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community:
  
  • (a) to enjoy their culture, practise their religion and use their language; and
  • (b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society (section 31).

Our Constitutional Court has recognised that together these rights give churches a degree of autonomy to govern their own affairs without interference by the State.

(Christian Education South Africa v Minister of Education (2000) Constitutional Court).

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