|Rights of Individuals: Civil and Political|
|Freedom of Religion, Belief, and Opinion||Freedom of Expression||Freedom of Assembly, Demonstration, and Petition||Freedom of Association|
|South African Constitution||§15. On the free exercise of religion, equal treatment of religions, etc., see de Waal et al., at 276-96.||§16 (including protection of the freedom of the press, academic and artistic freedom, and specific limitations on freedom of expression)||§17 (limited to peaceful and "unarmed" demonstrations)||§18 (unqualified except by the §36 general limitations clause)|
|French 1958 Constitution||1798 Declaration Art. 10 (no interference with a person’s opinions, including religious views, unless they disturb the public order established by law). The Conseil Constitutionnel has held that the freedom of conscience is a "fundamental principle" of constitutional status, pursuant to ¶1 of the Preamble to the 1946 Constitution. See Bell, at 71.||
1798 Declaration Art.
11 (establishing the right but prohibiting
abuses of this freedom, "l'abus de cette liberté," as defined by law). The Conseil Constitutionnel has created an elaborate jurisprudence of the rights to broadcast, to publish, to receive information, etc. See Bell, at 166-76.
|No explicit provisions.||The Conseil Constitutionnel has found that the freedom of association is a "fundamental principle" of constitutional status, pursuant to ¶1 of the Preamble to the 1946 Constitution. See Bell, at 150-51.|
|Canadian Charter of Rights and Freedoms||§2(a) ("freedom of conscience and religion"), §2(b) (freedom of thought, belief, and opinion), subject to limitation under §33 by express act of Parliament or a provincial legislature.||§2(b) ("freedom of expression, including freedom of the press and other media of communication"), subject to limitation under §33 by express act of Parliament or a provincial legislature.||§2(c) ("freedom of peaceful assembly"), subject to limitation under §33 by express act of Parliament or a provincial legislature.||§2(d), subject to limitation under §33 by express act of Parliament or a provincial legislature.|
|Constitution of Argentina||Art. 14 (narrowly framed right to profess freely one’s religion [de profesar libremente su culto]).||Art. 14 (right to publish ideas in the press without prior censorship). See also Art. 32 (barring Congress from restricting freedom of the press).||There is no provision other than a narrow reference to the right to petition in Art. 14. This represents an important omission from the Constitution.||Art. 14 (to associate for useful ends [de asociarse con fines útiles]).|
|United States Constitution||1st Amend. ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"). While religious belief is explicitly protected by the Free Exercise Clause, caselaw has explored the extent to which religious conduct may be limited by purely secular legislation. Also elaborated in caselaw is the prohibition of state-sponsored religion, and freedom of the press, e.g. Near v. Minnesota, 283 U.S. 697 (1931) (establishing the prior restraint doctrine).||1st Amend. ("Congress shall make no law ... abridging the freedom of speech, or of the press"). Caselaw in this field is voluminous, and has established numerous aspects of this right each with its separate body of jurisprudence.||1st Amend. ("Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.")||No explicit provision, but caselaw has found that it is implicitly protected by the free speech and free assembly provisions of the 1st Amend. E.g. NAACP v. Alabama, 357 U.S. 449 (1958).|
|Constitution of India||Art. 25 (freedom of religion and of conscience, "subject to public order, morality and health"), though under Art. 25(2) any level of government may restrict economic activities related to religion. Special mention is made of the religious practices of the Sikh religion. Under Art. 26, all religious orders have limited powers to establish places of worship and teaching, while Art. 28 ensures the separation of religious and state education.||Art. 19(1)(a), as limited by Art. 19(2) (reasonable restrictions to advance national security or foreign affairs, or in applying police powers). For an extended essay, including freedom of the press, see Tope, at 117-43.||Art. 19(1)(b) (freedom of peaceful assembly), as limited by Art. 19(3) (reasonable restrictions to advance national security).||Art. 19(1)(c) as limited by Art. 19(4) (reasonable restrictions to advance national security or in applying police powers).|
|Würzburg Key System||Key 623||Key 6242||(Key has not yet been developed)||(Key has not yet been developed)|
|Universal Declaration of Human rights||Art 18 (freedom of thought, conscience, and religion, including freedom to worship and teach religion, etc., and to change religion)||Art 19 (freedom of opinion and expression, including right to receive and impart information "through any media")||Art 20(1) (freedom of peaceful assembly, no compulsory membership in any association)||Art 20(1)|
|Int’l Covenant on Civil and Political Rights||ICCPR Art. 18 (same content as the Universal Declaration, plus protection from coercion as to belief or religion, recognition of parental prerogative, and a limitation of the extent to which this freedom may be abridged)||ICCPR Art. 19 (same content as the Universal Declaration, plus a limitation of the extent to which this freedom may be abridged)||ICCPR Art. 21 (the right of peaceful assembly, subject only to limitations necessary to national security, public safety, protection of rights of others, etc.)||ICCPR Art. 22 (subject only to limitations necessary for the reasons noted under Freedom of Assembly, or special limitations applicable to the armed forced and police)|