Section 15: Freedom of Religion, Belief, and Opinion

The Right

"Everyone has the right to freedom of conscience, religion, thought, belief and opinion."

What It Protects

1. Freedom to believe — Any religion or none
2. Freedom to practice — Religious observance and worship
3. Freedom to propagate — Share beliefs with others
4. Freedom to change — Adopt or abandon beliefs

Subsection 15(2)

Religious observances may be conducted at state/state-aided institutions if:

• Conducted on an equitable basis
• Attendance is free and voluntary
• No discrimination

Subsection 15(3)

Religious personal/family law recognized if consistent with the Constitution.

Key Cases

• Christian Education SA v Minister of Education (2000) — Corporal punishment in religious schools
• MEC for Education v Pillay (2008) — Wearing nose stud for religious/cultural reasons
• Minister of Home Affairs v Fourie (2006) — Religious objections to same-sex marriage

Exam Tips

• Freedom of religion is not absolute — can be limited (Section 36)
• Balance with other rights (equality, dignity, children's rights)
• Distinguish belief from practice (practice may be more easily limited)

Tags: #section15 #religion #belief #freedomofconscience #billofrights