Since the Church of Scotland Act 1921, the Church of Scotland has been independent from the state. Despite this, the monarch of the United Kingdom does take an oath to preserve the Church of Scotland at the meeting of the Privy Council immediately following their accession. [1] The monarch also has the right to attend the General Assembly of the Church of Scotland, but usually sends a High Commissioner in their place. [1]
As of the 2011 census, Christianity was the largest religion in Scotland, chosen by 53.8% of the Scottish population identifying when asked: "What religion, religious denomination or body do you belong to?" This represented a decline from the 2001 figure of 65.1%. More recent polls of public opinion have shown that the majority today consider themselves non-religious. In 2017, the Scottish Social Attitudes Survey, conducted by ScotCen Social Research found that 58% of Scots identified themselves as non-religious, compared to 40% in 1999. [2] [3]
On 28 October 2021, the Scottish Parliament formed the Cross-Party Group on Freedom of Religion or Belief. At the time of forming, the group was represented by MSPs John Mason, Murdo Fraser, Jeremy Balfour, Stephen Kerr and Katy Clark. A number of non–political figures and organisations from across Scotland also collaborate with the group. [4] The groups purpose is to meet in order to discuss and consider how best to promote the freedom of religion or belief for any and all individuals and organisations across Scotland. [5]
Article 9 of the Equality and Human Rights Impact Assessment states 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 worship, teaching, practice or 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 the protection of the rights and freedoms of others. This means that everyone is free to hold a range of views, beliefs and thoughts and to follow a religious faith. This right can never be restricted". [6]
The Scottish Government "value Scotland's diverse faith and belief communities and the important role they play in making Scotland a safer, stronger and more inclusive society". In order to promote this, the Scottish Government work in partnership with Interfaith Scotland to "promote interfaith dialogue and support faith and belief communities", Scotland's national Holocaust Memorial Day commemoration and Srebrenica Memorial Day to "ensure lessons are learnt about what can happen if hatred remains unchecked", undertake work in order to minimise instances of hate crime to "make sure no individual or community experiences discrimination due to their faith or belief", as well as the Scottish Governing funding a "variety of faith and belief organisations" in order to "tackle religious intolerance and promote equality and community cohesion".
The following bills have been passed by the Scottish Parliament which have some, either wholly or in part, a relation to the freedom of religion and belief in Scotland:
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the right not to profess any religion or belief or "not to practise a religion".
The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state and to disestablishment, the changing of an existing, formal relationship between the church and the state. The concept originated among early Baptists in America. In 1644, Roger Williams, a puritan minister and founder of the state of Rhode Island and The First Baptist Church in America, was the first public official to call for "a wall or hedge of separation" between "the wilderness of the world" and "the garden of the church." Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between Church & State," a term coined by Thomas Jefferson in his 1802 letter to members of the Danbury Baptist association in the state of Connecticut. The concept was promoted by Enlightenment philosophers such as John Locke.
An edict of toleration is a declaration, made by a government or ruler, and states that members of a given religion will not suffer religious persecution for engaging in their traditions' practices. Edicts may imply tacit acceptance of a state religion.
Interfaith dialogue refers to cooperative, constructive, and positive interaction between people of different religious traditions and/or spiritual or humanistic beliefs, at both the individual and institutional levels.
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Results of the 2021 Census for England and Wales, which asked the question "What is your religion?", showed that Christianity is the largest religion, followed by Islam, Hinduism, Sikhism, Judaism, Buddhism, and Taoism in terms of number of adherents, while Shamanism is the fastest growing religion. Among Christians, Anglicans are the most common denomination, followed by Roman Catholics, Presbyterians, Methodists, Unitarians, and Baptists. This, and the relatively large number of individuals with nominal or no religious affiliations, has led commentators to variously describe the United Kingdom as a multi-faith and secularised society. The Census has also been criticised by statisticians and demographers for its use of a leading question which critics say inflates the number of people reporting a religious identity. Other major surveys which ask a differently worded question find a majority of people in the UK do not belong to a religion, with Christianity the largest religion.
The right to freedom of religion in the United Kingdom is provided for in all three constituent legal systems, by devolved, national, European, and international law and treaty. Four constituent nations compose the United Kingdom, resulting in an inconsistent religious character, and there is no state church for the whole kingdom.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.
Nepal is a secular state under the Constitution of Nepal 2015, where "secular" means religious, cultural freedoms, including protection of religion and culture handed down from time immemorial.
Freedom of religion in Taiwan is provided for by the Constitution of the Republic of China, which is in force on Taiwan. Taiwan's government generally respects freedom of religion in practice, with policies which contribute to the generally free practice of religion.
Christianity is the largest religion in Nauru, with Nauru Congregational Church being the largest denomination, encompassing 35.71% of the population as of the 2011 census.
Article 9 of the European Convention on Human Rights provides a right to freedom of thought, conscience, and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".
The South African Charter of Religious Rights and Freedoms (SACRRF) is a charter of rights drawn up by South African religious and civil organisations which is intended to define the religious freedoms, rights and responsibilities of South African citizens. The aim of the drafters of the charter is for it to be approved by Parliament in terms of section 234 of the Constitution of South Africa.
The Congressional International Religious Freedom (IRF) Caucus is a bi-partisan group of nearly 60 members of the United States Congress who address religious persecution for people of any or no faith based on Article 18 of the United Nations Declaration of Human Rights. The IRF Caucus has always addressed religious freedom within the broader context of human rights in the spirit of the International Religious Freedom Act of 1998 (IRFA). The Caucus plays a critical role in raising the profile of numerous religious freedom issues in Congress and with both the Bush and Obama Administrations, and led to the release of many individuals imprisoned for their faith and ensures relief for many suffering under religious persecution.
The Scottish Secular Society is a vocal secular organisation in Scotland and is based in Glasgow. It promotes the separation of church and state and educates the public on matters relating to the interface of religion and politics.
The Scottish Council of Jewish Communities (SCoJeC) is the democratic representative body of all the Jewish communities of Scotland. The council was founded in 1999 in response to Scottish devolution, with the principal aim of providing the Jewish community of Scotland with a single voice in dealings with the Scottish Parliament and Government, other communities, and other statutory and official bodies.
The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.
The status of religious freedom in Europe varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.