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Freedom of conscience,
the profession and free practice of religion.
Article 8 ACHPR.
These Freedoms are guaranteed in the Constitution under Article 21, which provides
that: "Every person has a right to freedom of conscience"
The Constitution, aware of the need for a wider and effective protection of this
sensitive freedom goes further than the ACHPR as it concerns to religion: "[…] and
for the purpose of this Article this right includes freedom of thought and religion, freedom to change
religion or belief and freedom either alone or in community with others and both in public and in
private, to manifest and propagate the religion or belief in worship, teaching, practice and
observance"
The freedom of the profession is more specifically enshrined by Chapter III of the
Supreme Law on Article 35 ("Right to work"), which establishes in clause b) that
"the State undertakes […] to protect effectively the right of a citizen to earn a dignified living in a
freely chosen occupation, profession or trade".
The very private aspect of freedom of conscience is unalienable. Nevertheless, as the
African Charter also recognizes, a balance between this guarantees and others
necessities in a democratic society, requires some limitations. In order to avoid an
abusive use of these freedoms, such limitations has been prescribed by law: "[…] the
freedom to manifest and propagate a religion or belief may be subject to limitations […]":
a) in the interest of defence, public safety, public order, public morality or public health; or
b) for the purpose of protecting the rights or freedoms of other persons". [Article 21.2 a), b)]