What is the oldest written source in this country that mentions this right?

Article 31 of the 1964 Afghanistan Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964) .

In Afghanistan's 2004 constitution Article 34 explicitly protects the freedom of expression. With every Afghan having the right to “express through speech, writing, illustrations as well as other means in accordance with the provisions of the constitution.”

References:

1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en

Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of speech in peacetime under ordinary circumstance, but left room for exceptions in wartime or under extraordinary conditions. Freedom of speech was also asserted in Article 53 of the 1976 Constitution. Article 22 of the 1998 Albanian constitution guarantees the freedom of expression.

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf

Albania Constitution (1998): “Albania 1998 (Rev. 2016) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Albania_2016?lang=en.

Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly”

Freedom of expression is currently guaranteed by the 52nd article of the 2020 Algeria constitution.

References:

“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

“Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en.

The Andorran constitution ensures freedom of expression and the freedom to share information in the 12th article of their constitution. This right was codified in 1993 and includes a prohibition on public censorship.

“Andorra 1993 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Andorra_1993?lang=en.

Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association." Freedom of expression is asserted in the 1992 Angola constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." Under chapter two, article 31-32 of the 2010 Angolan Constitution, freedom of expression is guaranteed along with other civil rights and freedoms considered fundamental.

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Angola_2010?lang=en.

In Antigua and Barbuda the 1981 constitutions second chapter offers a broad variety of protections. They range from the freedom of expression to the protection from discrimination on the grounds of race.

References:

“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.

In Argentina the 1853 constitution laid the groundwork for freedom of expression. "Freedom of speech, although not expressly granted by the Argentine Constitution as it is in the Constitution of the United States, is nevertheless impliedly recognized in Article 14, which guarantees freedom of the press and which provides that all inhabitants of the nation have the right to publish their ideas through the press without previous censorship; and in Article 33, which provides that the declarations, rights, and guarantees enumerated in the Constitution shall not be considered a denial of other rights and guarantees not enumerated but which arise from the principle of the sovereignty of the people and of the republican form of government." (Amadeo, 186-187)

References:

Amadeo, Santos P.. Argentine Constitutional Law: The Judicial Function in the Maintenance of the Federal System and the Preservation of Individual Rights. New York Chichester, West Sussex: Columbia University Press, 1943. https://doi-org.proxygw.wrlc.org/10.7312/amad90398

The 1990 Declaration of Independence of Armenia guaranteed freedom of speech. Article 24 of the 1995 Constitution of Armenia also guaranteed freedom of speech, using language that suggests modes of expression analogous to speech: "Everyone is entitled to assert his or her opinion. No one shall be forced to retract or change his or her opinion. Everyone is entitled to freedom of speech, including the freedom to seek, receive and disseminate information and ideas through any medium of information, regardless of state borders." This constitution was amended in 2005, and Article 27 of the version amended amended in 2005 specifies a guarantee of freedom of expression: "Everyone shall have the right to freely express his/her opinion. No one shall be forced to recede or change his/her opinion. Everyone shall have the right to freedom of expression including freedom to search for, receive and impart information and ideas by any means of information regardless of the state frontiers."

References:

Armenian Declaration of Independence: https://www.gov.am/en/independence/

"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng

According to the Australian Human Rights Commission: "The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint, rather than a right conferred directly on individuals." Furthermore, the Australian Human Rights Commission sees freedom of expression as extant in common law, and described a presumption in favor of preservation of such rights, absent explicit claims by Parliament to the contrary: "A well-established principle of statutory interpretation in Australian courts is that Parliament is presumed not to have intended to limit fundamental rights, unless it indicates this intention in clear terms. This includes freedom of expression."

References:

“Freedom of Information, Opinion and Expression.” The Australian Human Rights Commission. Accessed September 14, 2022. https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression.

Article 13 of Austria’s 1867 “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” states that “Everyone has the right within the limits of the law freely to express his opinion by word of mouth and in writing, print, or pictorial representation. The Press may be neither subjected to censorship nor restricted by the licensing System. Administrative postal distribution vetoes do not apply to inland publication” (Basic Law of 21 December 1867) .

References:

1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html

In Azerbaijan’s 1995 constitution freedom of expression is protected via the 47th article on Freedom of Thought and Speech. It is accompanied by articles defending freedom of conscience, assembly, information and creative work.

References:

https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf

Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.

In The Bahamas Freedom of expression in the 23rd article of the third chapter of the constitution. The constitution signed into law in July of 1973 has remained the ruling doctrine ever since.

“The Bahamas Constitution.” The Constitution of the Commonwealth of the Bahamas - Government - Details. Last modified 1973. Accessed September 14, 2022. https://www.bahamas.gov.bs/wps/portal/public/About%20The%20Bahamas/Constitution/!ut/p/b1/vVPLdqJAEP2WfMCEbugHLDvyEJXmjcCGoxjBR4MKavDrx8zMIplzJtlM0r3q07fqVt1bJeVSKuXN4rKpFv2mbRb713dOCgVYDmNIdSwMCLBjb8Y8OpZdiO-A7AMAAr_jLRc5xv3bNUcM2NBAY8XXFRACaS6lUSa_6J1dWXawPvjdlgUHmyQ1X-n2eXaGm8pDvWAjXngpfomxq0HlXHal4CdhWEorGw2hKaZN88RCoybHS83j56ZuT5d9lEZDuH7BnXIaYx5TS8jVFKXzOnPYygfE6IrjVQSJmFomrxVe50cnSkvNxEPVHkjdreJzTzLjDLq9eTTzJVi6bao6qfYMnnD18PCnf_CPw8Bn-k2kfLMUj9dSPIJHqEAKZUgRpVTDGJK7PPmHGabyJ4BXB34BPigxuwPomwxRAu4mARaE0Acqh1IkpQAV4XY42LfdLdiCq8xnJXD0wIM7AKNomfDIGhw-4eEpcGAMbmGUT5ybD7tdNfQ88lZJED8xnS1gfPmb0JUj7U44gmQa4_tQoK8mtLCr3jWikcewDCwXfjeh8q2SWp4LvrzDd0OD_P_v4btNUTUCMVWRphKAkEqlZJshqqv2VbejYtT240WndU_-bm6wXifZrOSbTSDaMtRUq5jgcG9Ul6gpf8wvqjOlsN1Re8QOYneMLHcG9-dKXmdnlqWtS0Zu_RwnpqmfmrBq5iNNmMeBzfr1FhU6r-LbnJiBzAmQJ7dCDCFZ9qG69NStKKnZ3PLsNk01OxO-j16AX-xXXbwD03mXljOvahWrXImegCr0lvU4qUBy2TY1OY2HfL4YljKie5Upsk0X6EHi41Y8SwcRX2Z4Yqz524sefgIOCsrJ/dl4/d5/L2dBISEvZ0FBIS9nQSEh/.

According to Article 23 of the 1973 Constitution of Bahrain, "Freedom of speech and freedom to carry out scientific research shall be guaranteed. Every person shall have the right to express and propagate his opinion in words or in writing or by any other means, in accordance with the conditions and procedures specified by the law."

Chapter Three, Article 23 of the 2002 Bahrain Constitution with amendments through 2017 describes freedom of expression in the following way: "Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it by word of mouth, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused."

References:

“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html

“Bahrain 2002 (Rev. 2017) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bahrain_2017?lang=en.

Article 39 of the 1972 Bangladesh Constitution states that “(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen of freedom of speech and expression; and freedom of the press, are guaranteed."

References:

http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf

Article 20 of the 1966 Barbados Constitution states: "20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision - a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or c. that imposes restrictions upon public officers or members of a disciplined force."

References:

https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html

The Constitution of Belarus originally adopted in 1994 including Section II outlines the protected freedom of expression in Article 33.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Article 20 of the 27 October 1830 Draft Constitution of Belgium asserted the right to opinion: "The freedom of opinion in all matters is guaranteed."

In Belgium freedom of expression is guaranteed by Article 14 of the 1831 constitution: "The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties."

References:

English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults

1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831

Article 12 of the 1981 Constitution of Belize states, "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence." However, the Constitution also articulates certain conditions under which exceptions to this might be necessary, including what might be necessary in the "interests of defence, public safety, public order, public morality or public health; ... for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or the technical operation of telephone, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or that imposes restrictions on officers in the public service that are required for the proper performance of their functions."

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of expression, conditioned by respect for public order.

Article 23 of Benin’s 1990 Constitution offers a similar guarantee: " Every person has the right to freedom of thought, of conscience, of religion, of creed, of opinion and of expression with respect for the public order established by law and regulations."

References:

"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#

1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf

In The Kingdom of Bhutan all Bhutanese citizens are granted the right to free speech and expression under article 7 of the 2008 constitution. This does however only apply to those citizens of Bhutan.

References:

Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008

Article 145 of the 1826 Draft Constitution for the Republic of Bolivia states: "Every Person may communicate his thoughts, verbally or in writing, or publish them through the medium of the Press, 'without previous censorship; but under the responsibility which the Law may determine."

References:

1826 Draft Constitution for the Republic of Bolivia: English text of the draft Constitution of 1826. 892 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0002&id=18&men_tab=srchresults

In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 12 of the 1910 Constitution of Bosnia and Herzegovina, "The right to express his opinion freely, verbally, in writing, print, or illustration is granted to every individual, without prejudice to the legal regulations dealing with the abuse of this right."

Bosnia and Herzegovina’s constitution adopted in 1995 lists freedom of expression as one of the thirteen rights afforded to any person that enters the territory. It is listed among rights like the right to life, right to marry and the right not to be subject to slavery.

References:

1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#

“Bosnia and Herzegovina 1995 (Rev. 2009) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009?lang=en.

According to Article 12 of the 1966 Botswana Constitution:

"(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

References:

1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana

Article 179 of the 1824 Political Constitution of the Empire of Brazil stated: "All are permitted to communicate their thoughts by words, writings and by publications in print without dependence upon censorship, the while they must respond for the abuses they may commit in the exercise of this right, in the cases and manner to be determined by law."

Freedom of expression can also be found in Article 5 of the 1988 Brazil Constitution.

References:

1824 Political Constitution of the Empire of Brazil : English original text of the Constitution of 1824 250 (2010) Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults

“Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf.

According to the U.S. Department of State, as of 2022 in Brunei: "Under the law and emergency powers, the government restricted freedom of expression, including for media."

References:

https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/brunei/

Article 79 of the 1879 Tarnovo Constitution guaranteed freedom of the press. Article 88 of the 1947 Constitution of the People's Republic of Bulgaria guaranteed freedom of speech and of the press, as did Article 54 of the 1971 Constitution of the People's Republic of Bulgaria. Bulgaria’s constitution adopted in 1991 provides explicit protection of freedom of expression.

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XI!: The Subjects of the Principality of Bulgaria: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults

1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=

1971 Constitution of the People's Republic of Bulgaria: "Chapter III: Basic Rights and Obligations of the Citizens," [Constitution of the People's Republic of Bulgaria] (1971): 14-22 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0021&id=17&men_tab=srchresults

“Bulgaria 1991 (Rev. 2015) Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en.

Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order"

Burkina Faso’s constitution protected freedom of expression when it was adopted in 1991 in the forms of opinions, press and the right to free information in article 8 of the original constitution.

References:

1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults

“Burkina Faso 1991 (Rev. 2015) Constitution.” Constitute. Last modified 2015. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burkina_Faso_2015?lang=en.

Article 31 of the 2005 Burundi Constitution states: "The liberty of expression is guaranteed. The State respects the liberty of religion, thought, consciousness and opinion."

Burundi's current constitution was put in place in May of 2018. The new constitution guarantees freedom of expression in article 31.

References:

"Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005

“Burundi 2018 Constitution.” Constitute. Last modified 2018. Accessed September 16, 2022. https://www.constituteproject.org/constitution/Burundi_2018?lang=en.

According to Article 9 of the 1947 Constitution: "Every Cambodian is free to speak, write, print, and publish. He may, either by way of the press or any other means express, spread, defend every opinion so long as he makes no unauthorized use of that right or does not tend to disturb the public order."

In the Kingdom of Cambodia freedom of expression is currently protected by the 41st article of the 1993 constitution. The nation is a kingdom the however, king reigns but does not govern and the citizens are afforded a plethora of protected rights.

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of expression): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of expression specifically.

Freedom of expression is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law"

References:

1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

In Canada the "Canadian Charter of Rights and Freedoms" of 1982 a part of the Canadian constitution that set in stone the fundamental rights and freedoms afforded to all Canadians. It was preceded by the Constitution of Canada adopted in 1867, but the constitution makes no such explicit protection for the freedom of expression.

References:

Canadian Heritage. “Government of Canada.” Canada.ca. / Gouvernement du Canada, March 24, 2022. Last modified March 24, 2022. Accessed September 20, 2022. https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html.

In Cape Verde Freedom of expression is protected by the 1980 constitution through Title 2, Article 27. The constitution further protects freedom of expression in articles 45 and 46.

References:

“Cape Verde 1980 (Rev. 1992) Constitution.” Constitute. Last modified 1992. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Cape_Verde_1992?lang=en.

Article 13 of the 1994 Constitution reads: "The freedom to inform, to express and diffuse opinions by speech, the pen and image, under reservation of respect of the rights of others, is guaranteed."

This right is also found can be found in the 2016 Constitution: "The freedom to inform, to express and to disseminate one's opinions by speech, the pen and the image and any other means of communication under reserve of respect for the rights of others, is guaranteed individually and collectively."

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Central_African_Republic_2016?lang=en.

According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."

Chad's 2018 Constitution offers freedom of expression in article 28. However, the same article offers the following condition: "The law determines the conditions of their exercise."

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

“Chad 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chad_2018?lang=en.

Article 11 of the 1818 Provisional Constitution of Chile offered guarantees relevant to freedom of expression, though with noteworthy limitations: "Every man has the freedom to publish his ideas and to examine the subjects [objetos] within his scope [alcances], as long as he does not offend the individual [particular] rights of the members of society, the public tranquility and the Constitution of the State, [the] conservation of the Christian religion, [and the] purity of its moral and sacred dogmas; and as a consequence, the freedom of [the] press must be permitted, in accordance with the regulation that the Senate or [the] Congress will establish [formara] for it."

Article 10.3 of the 1925 Chile Constitution offered a more general iteration of the freedom of expression available to inhabitants of Chile: "Freedom to express, without prior censorship, opinions, orally or in writing, through the medium of the press or in any other form; yet without prejudice to the liability of answering for offenses and abuses that may be committed in the exercise of this liberty in the manner and in the cases as determined by law."

Article 19.12 of the 1980 Constitution, as revised up to 2021, offered a similar formulation of freedom of expression: "Freedom to express opinions and to inform, without prior censorship, in any form and by any means, notwithstanding the liability for crimes and abuses committed in the exercise of these freedoms, in accordance with the law, which shall be of qualified quorum."

References:

Provisional Constitution of 1818: English translation of the Spanish original text of the Provisional Constitution of 1818. 5 (1818) Chapter I: On the Rights and Duties of Man in Society https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0112&id=5&men_tab=srchresults

Chile 1925 Constitution: https://www.constituteproject.org/constitution/Chile_1925?lang=en

“Chile 1980 (Rev. 2021) Constitution.” Constitute. Last modified 2021. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Chile_2021?lang=en.

According to the 1908 Memorial and Edict on Constitutional Government: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."

The Constitution of the People’s Republic of China of 1982 explicitly protects the freedom of expression.

References:

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

“People's Republic of China.” Constitution of the People's Republic of China. Accessed September 20, 2022. http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml.

Article 156 of the 1821 Constitution of the Republic of Colombia protected freedom of written expression: "All Colombians have the right of freely recording, printing, and publishing their thoughts and opinions, without the necessity of any examination, revision, or censorship, previous to publication. Those, however, who commit any abuse of this inestimable privilege, shall incur the punishments which they have deserved, conformably to the Laws."

Article 5(7) of the 1853 Constitution of New Grenada went further to describe in more general terms the scope of freedom of expression, and guaranteed: "The free expression of thought, it being understood that when done by the press it is without any limitation, and when done by word of mouth or any other means it is limited only in those ways established by law."

In Colombia freedom of expression is constitutionally protected by articles 46 and 47 of the constitution originally adopted in 1995.

References:

1821 Constitution of the Republic of Colombia: English translation of the Spanish original text of the Constitution of 1821 718 (2009) Title VIII: General Regulations: https://heinonline.org/HOL/Page?handle=hein.cow/zzco0007&id=21&collection=cow&index=#

1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults

1995 Columbia Constitution: “Conoce Nuestro Micrositio.” Contador De Visitas Gratis. Last modified 2021. Accessed September 20, 2022. https://www.corteconstitucional.gov.co/.

In Comoros freedom of expression, thought, assembly and cultural creation are all protected by article 21 of the nation’s constitution adopted in 2018. “Comoros 2018 Constitution.” Constitute. Last modified 2018. Accessed September 20, 2022. https://constituteproject.org/constitution/Comoros_2018?lang=en.

According to Article 25 of the 1964 Constitution of the Democratic Republic of the Congo: "Everyone has the right to freedom of expression. This right implies the freedom to express one's opinions and feelings, in particular through speech, writing and images, subject to the respect of public order and morality."

In The Democratic Republic of the Congo expression in the form of speech, print, thought and pictures with respect to the law is protected by article 21 of the 2005 constitution.

References:

1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights

2005 Constitution of the Democratic Republic of the Congo: “Congo (Democratic Republic of the) 2005 (Rev. 2011) Constitution.” Constitute. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011?lang=en.

The right to freedom of expression in the Republic of the Congo was formally asserted in the Constitution adopted shortly after gaining independence from France on August 15, 1960.

Article 9 of the 1963 constitution states, “No one may be incommodated because of his opinions in so long as their manifestation does not disturb the public order established as law. Free communication of thought and opinion shall be exercised by word and the press subject to respect for the laws and regulations”.

Article 19 of the 2001 constitution also provides, “Any citizen has the right to express and to freely diffuse his opinion by words, in writing, by images or all other mean of communication…Censorship is prohibited.”

Article 25 of the 2015 guarantees freedom of expression. The article also expressly prohibits government censorship of the free media.

References:

“Constitution of the Republic of the Congo (Brazzaville).” HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.86)

“Congo (Republic of the) 2001.” Constitute Project. Accessed June 13, 2024. https://www.constituteproject.org/constitution/Congo_2001.

“Congo (Republic of the) 2015 Constitution.” Constitute. Last modified 2015. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Congo_2015?lang=en.

The Costa Rican constitution officially guaranteed freedom of expression (that does not harm third parties or infringe on the law) in article 28 of the 1949 constitution.

“Costa Rica 1949 (Rev. 2011) Constitution.” Constitute Project. Last modified 2011. Accessed September 20, 2022. https://www.constituteproject.org/constitution/Costa_Rica_2011?lang=en.

Croatia guarantees freedom of expression in article 38 of the 1991 constitution.

“Croatia 1991 (Rev. 2013) Constitution.” Constitute. Last modified 2013. Accessed September 28, 2022. https://www.constituteproject.org/constitution/Croatia_2013?lang=en.

While the 1976 constitution protected freedom of expression that promoted the socialist society of Cuba, the 2019 constitution fully guarantees freedom of expression.

“Cuba 2019 Constitution.” Constitute. Last modified 2019. Accessed September, 2022. https://www.constituteproject.org/constitution/Cuba_2019?lang=en.

Cyprus protected freedom of expression with article 19 of their 1960 constitution.

“Cyprus 1960 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Cyprus_2013?lang=en.

The current constitution of 1992 superseded the 1960 constitution upon its adoption by the Czech national council. Both constitutions however, protected freedom of expression.

“Czech Republic 1993 (Rev. 2013) Constitution.” 2013. Constitute. https://www.constituteproject.org/constitution/Czech_Republic_2013?lang=en.

Denmark has protected freedom of expression since their 1953 constitution was adopted.

“Denmark's Constitution of 1953 - Constituteproject.org.” 2022. Accessed September 28. https://www.constituteproject.org/constitution/Denmark_1953.pdf?lang=en&lang=en.

Under Article 15 of the 1992 Djibouti Constitution: "Each has the right to express and to disseminate freely their opinions by word, pen, and image. These rights may be limited by prescriptions in the law and in respect for the honor of others." (Constitute Project, “Djibouti's Constitution of 1992 with Amendments through 2010”).

References:

1992 Djibouti Constitution: Constitute Project, Djibouti's Constitution of 1992 with Amendments through 2010 https://www.constituteproject.org/constitution/Djibouti_2010?lang=en

Chapter I, Section 1 of the 1978 Constitution of Dominica guaranteed freedom of expression to all persons in Dominica, subject only to limitations "designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest." Chapter 1, Section 10 of that Constitution went into greater detail, both concerning the right and concerning potential limitations.

References:

1978 Constitution of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934 https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzdm0004&id=7&collection=cow&index=

The 1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti offered a provisional guarantee of freedom of the press, and the 1844 Constitution of the Dominican Republic offered a more straightforward guarantee of press freedom.

Article 23 of the February 1854 Constitution of the Dominican Republic described freedom of expression in the context of the right to petition the government: "All Dominicans have the right of petitioning upon any matter whatsoever of public or private interest, and of expressing freely and without any responsibility, their opinion touching the same...."

Article 11.2 of the 1877 Constitution of the Dominican Republic guaranteed freedom of thought and speech as well as the press. Article 11.2 of the 1887 Constitution of the Dominican Republic guaranteed freedom of expression understood in similar terms: "The liberty of thought, expressed by speech or by means of the press without previous censure, but subject to the law...." The 1924 Constitution of the Dominican Republic offered a still broader assertion of freedom of expression, described in terms of: "The right to express thought by any medium without prior censorship."

References:

1821 Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti: English translation of the Constitution of 1821 557 (2010) Constitutive Act of the Provisional Government of the Independent State of the Spanish Part of Hayti https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0002&id=8&men_tab=srchresults

1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 [3] (2012) Chapter II: Public Right of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0014&id=3&men_tab=srchresults

February 1854 Constitution of the Dominican Republic: English translation of the Constitution of February 1854 1321 (2010) Chapter 2 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0003&id=7&men_tab=srchresults

1877 Constitution of the Dominican Republic: Spanish original text of the Constitution of 1877 218 (2010) Title III: Guarantees of Dominicans https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0033&id=3&men_tab=srchresults

1887 Constitution of the Dominican Republic: English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults

1924 Constitution of the Dominican Republic: "Section I: Individual Rights," Constitution of the Dominican Republic (1924): 4-5 https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzdo0100&id=2&men_tab=srchresults

Section 40 of the 2002 East Timor Constitution states: "1. Every person has the right to freedom of speech and the right to inform and be informed impartially. 2. The exercise of freedom of speech and information shall not be limited by any sort of censorship. 3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person."

Also relevant to freedom of expression is the defense of freedom of the press in Section 41 of the 2002 East Timor Constitution.

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

Article 64 of the 1830 Ecuador Constitution guaranteed freedom of the press: "Every citizen can express their thoughts and publish them freely through the press with respect for decency and public morals, and always subject to the liability of the law."

Article 102 of the 1869 Constitution of the Republic of Ecuador offered a more complete defense of freedom of expression: "The expression of ideas, whether verbal, written, or printed, is free, without previous censure, provided religion, morality, and decency are respected; but any one who. may abuse this right shall be punished according to the law, and by the ordinary judges, the jury of the press being abolished."

Section III, Article 17, Part 8 of the 1878 Constitution of Ecuador guaranteed verbal expression of one's ideas as well as printed expression.

References:

1830 Constitution of Ecuador: English translation of the original Constitution of 1830. 15 (2017) Part VIII: Civil Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0081&id=15&men_tab=srchresults

1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults

1878 Constitution of Ecuador: Spanish text of the constitution of 1878 414 (2017) Section III: Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0056&id=1&men_tab=srchresults

According to Article 14 of Royal Decree No.42 (1923): “Freedom of opinion shall be ensured. Every person may express their thoughts in saying, writing, depiction, or otherwise in consistency with the law.”

References:

1923. Royal Decree No. 42 of 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf

Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador reads: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."

References:

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzsv0002&id=14&men_tab=srchresults

Equatorial Guinea were granted their independence from Spanish rule in 1968 which led to the enactment of the Equatorial Guinea Constitution. Title I, Article 3 of the 1968 constitution expressly recognizes and guarantees all rights outlined in the 1948 Universal Declaration of Human Rights. The Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?men_tab=srchresults&handle=hein.cow/text gu0001&id=18&size=2&collection=cow&terms=libertades&termtype=phrase&set_as_cursor=.

The 1997 constitution of Eritrea brought with it freedom of expression.

The country of Estonia has had three separate governing constitutions, the first of which was enacted in 1920. Section II, Article 13 of the Constitution of the Republic of Estonia declares that “In Esthonia there is freedom for the expression of personal ideas in words, print, letters, pictures and sculpture. This freedom can be restricted only in the defense of the State and morals. There is no censorship in Esthonia.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/zzee0004&id=2&men_tab=srchresults.

‌“Constitution of Estonia.” 2024. Wikipedia. April 25, 2024. https://en.wikipedia.org/wiki/Constitution_of_Estonia#cite_note-5.

https://www.eesti.ee/en/republic-of-estonia/human-rights/freedom-of-speech-and-religion

Eswatini has been considered an independent country since 1968 but the earliest assertion of the right to freedom of expression is presented in the Constitution of the Kingdom of Swaziland Act 2005. In Article 14, Chapter III secures the “freedom of conscience, of expression and of peaceful assembly and association and of movement.”

Sources:

“Eswatini 2005 Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Swaziland_2005.

Chapter III, Article 41 of the 1955 Revised Constitution of the Empire of Ethiopia states: "Art. 41. Freedom of speech and of the press is guaranteed throughout the Empire in accordance with the law."

References:

1955 Revised Constitution of the Empire of Ethiopia: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nations. The Hague, M. Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=192&men_tab=srchresults

Freedom of expression was first protected by Article II, Section 3 of the 1970 constitution of Fiji.

References:

1970 Constitution of Fiji: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff. https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=136&men_tab=srchresults

According to Article 10 of the 1919 Form of Government, Finland protects the freedom of speech and the freedom to publish without restraint, although it does not explicitly state the freedom of expression. The 1999/2000 Constitution grants freedom of expression to all Finnish citizens, including “the right to express, disseminate, and receive information, opinions, and other communications without prior prevention by anyone.” There are limits to this freedom, such as to protect children or classified cases.

References English translation of the French official translation of the original text of the Constitution of 17 July 1919. 469 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfi0005&id=2&collection=cow&index=

English translation Finnish original official text of the Constitution of 1999/2000. 3 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfi0015&id=3&men_tab=srchresults

France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.

References:

English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults

English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults

English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index=

Following independence from France, Gabon’s 1959 Constitution did not explicitly grant freedom of expression. The 2nd Republic’s 1961 Constitution drew ideas from the 1789 Declaration of the Rights of Man and of the Citizen and from the 1948 Universal Declaration Of the Rights of Man. It added, “Everyone has the right to the free development of his personality, within the limits of respect for the rights of others and for the public order.” Moreover, the 3rd Republic’s 1991 Constitution expanded upon this conception of the freedom of expression to include “the freedom of conscience, of thought, of opinion, of expression, of communication, the free practice of religion,” based on the 1981 African Charter of the Rights of Man and of Peoples and the 1990 National Charter of Freedoms.

References:

English Translation of the French Official Original Text of the Constitution of 1959, 3 (2022) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0042&id=3&collection=cow&index=

English translation of the French original text of the Constitution of 1961, 194 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzga0032&collection=cow

English Translation of the French Original Text of the Constitution of 1991, 3 (2022) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzga0054&id=3&men_tab=srchresults

The first protection of the freedom of expression in The Gambia came in the 1996 constitution.

The Constitution of the Democratic Republic of Georgia of 1921 protected freedom of expression, and the redrafted version of this constitution is still in place today. Article 19 of the 1995 Georgia Constitution grants freedom of expression to all individuals. It also stipulates that no one may be forced to express certain beliefs. Article 16 broadens this conceptualization of expression by postulating that “everyone has the right to free personal development.”

References:

English Translation of the Georgian Original Text of the Constitution of 1995, 3 (1995) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzge0021&id=3&men_tab=srchresults

Article 4of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of expression.

Article 118 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guaranteed freedom of expression.

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 210-211: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Article 22 of the 1969 Constitution grants freedom of expression. It also requires press mediums to provide equal opportunities for opposing views. The 1979 Constitution confirms this right and prohibits censorship. Ghana’s current Constitution from 1992 groups freedom of expression, press, and speech together.

References:

English original text of the Constitution of 1969, 22 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0024&id=38&men_tab=srchresults

English original text of the Constitution of 1979 as scheduled to the Order 29 (2010) Liberty https://heinonline.org/HOL/Page?handle=hein.cow/zzgh0003&id=42&collection=cow&index=

English original text of the Constitution of 1992 as scheduled to the Promulgation Law, 23 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgh0001&id=53&men_tab=srchresults

The 10th Article of the 1844 Greek Constitution cedes the right to free verbal and written expression. Notably, it restricts access to the position of newspaper editor to only Greek citizens. This designation is not changed until the 1975 Constitution of Greece designates free expression in Article 14, except in the cases of attempts to overthrow the government, criticize the President, or make offensive remarks against Christianity or another religion.

References:

English translation of the Greek original text of the Constitution of 1844, 6 (1844) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0044&id=6&men_tab=srchresults

English translation of the Greek original text of the Constitution of 1975, 14 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgr0016&id=12&men_tab=srchresults

Grenada’s 1973 Constitution declares the freedom of expression in its first Article. It groups freedom of expression with freedom of conscience, assembly, and association. This version of the Constitution was reinstated in 1991 and revised in 1992.

References:

English original text of the Constitution of 1973 as scheduled to the Order 6 (1973) https://heinonline.org/HOL/Page?handle=hein.cow/zzgd0001&id=6&collection=cow&index=

https://pdba.georgetown.edu/Constitutions/Grenada/gren73eng.html#mozTocId391068

The 1823 Constitutional Bases mentioned freedom of thought, which was officially installed as a right in the 1825 First Constitution the State of Guatemala in Article 25. The pattern of short, turbulent regimes during the 20th century manifested in numerous constitutions, all of which guaranteed freedom of expression and opinion. Most recently, the Political Constitution of the Republic of Guatemala from 1985/86 grants freedom of expression “through any means of dissemination, without censorship or prior permission.”

References:

English translation of the Spanish original text of the fundamental law of 1823, 114 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0103&id=4&men_tab=srchresults

English translation of the Spanish orignal text of the Constitution of 1825, 117 (2017) https://heinonline.org/HOL/Page?handle=hein.cow/zzgt0100&id=2&collection=cow&index=

English Translation of the Spanish Original Text of the Constitution of 1985/86, 10 (1986) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgt0106&id=10&men_tab=srchresults

The 1958 Constitution of the First Republic of Ghana does not explicitly protect freedom of expression, but lays the groundwork for freedom of speech in Article 40. The seventh Article in the constitution of the Third Republic, crafted in 1990, dictates that everyone is “free to express, to manifest and to diffuse” ideas. The most recent 2020 Constitution guarantees freedom of expression and of opinion in Article 10.

References:

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0001&id=251&men_tab=srchresults

English Translation of the French Original Text of the Fundamental Law of 1990, 4 (2021) https://heinonline.org/HOL/Page?handle=hein.cow/zzgn0016&id=4&collection=cow&index=

English Translation Based on a Transcription of Decree D/2020/073/PRG/SGG of 6 April 2020, as Published in the Journal Officiel de la Republique de Guinee of 14 April 2020, Provided by the Web Portal for the Law of Guinea [GuiLaw], 6 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgn0019&id=6&men_tab=srchresults

Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17. The 1984 version, amended in 1993, individually grants freedom of expression in Article 51.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

English Translation of the Portuguese Original Text of the Constitution of 1984 as Amended by Constitutional Law No. 1/95 of 1 December 1995 and Constitutional Law No. 1/96 of 16 December 1996, 13 (2023) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgw0008&id=13&men_tab=srchresults

Following its declaration of independence from the British Empire, the government of Guyana published the 1966 Constitution, which permits freedom of expression in Article 3. This right was further protected in Article 40 of the 1980 Constitution of the Co-operative Republic of Guyana, which is still held today.

References:

English text of the Constitution of 1966, 630 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzgy0002&id=2&men_tab=srchresults

English text of the Constitution of 1980, 26 (2011) https://heinonline.org/HOL/Page?handle=hein.cow/zzgy0004&id=26&collection=cow&index=

Haiti’s establishment of independence from France following the Haitian Revolution manifested in the 1806 Constitution. Revised in 1816, the Constitution stated, “No one can be hindered from telling, writing or publishing his opinions.” This tradition continued through the 19th and 20th century, with the 1987 Constitution of the Republic of Haiti stating that all Haitains have the right to express opinions, and censorship is only allowed in times of war. Following the regime changes in the 2020s, there are circulating Draft Constitutions of the Independent Advisory Committee.

References:

English Translation of the French Text of the Constitution of 1806, as Amended to 1816, 64 (2014) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0060&id=3&men_tab=srchresults

English original text of the Constitution of 1987, 8 (2017) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzht0028&id=9&men_tab=srchresults

Honduras first protected freedom of expression in Article 99 of the 1848 Constitution. Notably, it granted this right to both citizens and inhabitants. The 1865 Constitution continued to protect this right, but added the stipulation that “writing injurious to particular persons cannot be published unless subscribed by the author, and with the publication of his name.” Article 85 of the constitution written in 1965 cements the freedom of expression. In 1969 Honduras signed the American Convention on Human Rights, which asserted freedom of expression.

References:

English translation of the Spanish original text of the Constitution of 1848, 1103 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0003&id=18&men_tab=srchresults

English translation of the Spanish original text of the Constitution of 1865, 303 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhn0004&id=17&men_tab=srchresults

Amos J.; Xydis Peaslee, Dorothy Peaslee. Constitutions of Nations, 3 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/conatio0004&id=861&men_tab=srchresults

“Basic Documents - American Declaration - Cidh.oas.org.” 2022. Accessed October 31. https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm.

Hungary’s declaration of independence in 1791 included freedom of expression through the press in Article 1 of Law 18. During its time as a Communist nation, it granted freedom of press, speech, and assembly — but not explicitly expression. The current Fundamental Law of Hungary guarantees freedom of expression in Article 9.

References:

Herbert F. Wright. Constitutions of the States at War 1914-1918 (1919). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=41&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 1949, 669 (2013) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

English translation of the Hungarian original text of the Constitution of 2011, 8 (2012) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzhu0016&id=9&men_tab=srchresults

The 54th Article of the 1874 Constitutional Law for the Special Affairs of Iceland guaranteed freedom of opinion in print. Interestingly, it also stipulated that no restrictive measures or attempts at censorship “can ever be introduced.” Thus, the 1944 Constitution of the Republic of Iceland still protects this freedom and restricts attempts to undo it.

References:

British and Foreign State Papers (1873-1874). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0065&id=1005&men_tab=srchresults

British and Foreign State Papers (1943-1945). https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0145&id=614&men_tab=srchresults

The Constitution of India Bill (also referred to as the Swaraj Bill) codified in 1895 was the first to protect freedom of expression.

Following independence from Britain, India created its draft constitution in 1948, which was the first document to grant Indians freedom of speech and expression. This right was reaffirmed in the 1949/50 Constitution.

References:

“Constitution of India.” 2015. CAD. June. https://www.constitutionofindia.net/historical_constitutions/the_constitution_of_india_bill__unknown__1895__1st%20January%201895#:~:text=The%20Constitution%20of%20India%20Bill%201895%2C%20also%20referred%20to%20as,albeit%20within%20the%20British%20Empire.

English original text of the Draft Constitution of 1948, 652 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0011&id=4&men_tab=srchresults

English original text of the Constitution of 1949, 39 (2011) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzin0012&id=6&men_tab=srchresults

The 1964 Provisional Constitution of the Republic of Indonesia guaranteed freedom of expression to all in Article 19.

References:

R.; Jones Supomo, Garth N., Translator. Provisional Constitution of the Republic of Indonesia (1964) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/proconindo0001&id=29&men_tab=srchresults

Article 18 of the Supplementary Constitutional Law of 7 October 1907 reads: "The acquisition and study of arts, letters and sciences is free, except in so far as they are forbidden by the Sheri." Article 20 of the same document states: "All publications, except heretical works containing matter harmful to the religion of Islam, are free, and are exempt from censureship. Whenever anything contrary to the law of the press is found in them, the publisher or author will be punished in accordance with that law. If the author is well known and resident in Persia, the publisher, printer and distributor shall be secured from any action being brought against them."

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

Article 12 of Iraq’s 1925 Constitution protected freedom of expression: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.

Article 38 of the 2005 Iraq Constitution states that "The State shall guarantee in a way that does not violate public order and morality ... [f]reedom of expression using all means"

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

https://www.constituteproject.org/constitution/Iraq_2005

The right to freedom of expression in Ireland was formally asserted in the Irish Free State Constitution of 1922, following its independence from the UK, and later enshrined in the Constitution of Ireland (Bunreacht na hÉireann) in 1937.

Article 9 of the 1922 Constitution states, “The freedom of expression of opinion as well as the right to assemble peaceably and without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality…” without discrimination on the basis of political orientation, religion, or class.

Article 40.6.1° of the 1937 Constitution also provides, “The State guarantees liberty for the exercise of the following rights, subject to public order and morality: i. The right of the citizens to express freely their convictions and opinions.”

References:

"Constitution of the Irish Free State (Saorstát Eireann) Act, 1922," Irish Statute Book, accessed June 11, 2024, https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20A,6TH%20DAY%20OF%20DECEMBER%2C%201921

“Constitution of Ireland.”, Irish Statute Book, last updated 2020. Accessed June 7, 2024. https://www.irishstatutebook.ie/eli/cons/en/html#part13

Israel is one of the few countries in the world that lacks an official written constitution. Multiple attempts have been made as early as 1948 but none have successfully drafted and implemented a formal constitution. Instead, Israeli leaders enacted several pieces of legislation known as the Basic Laws, or Knessets, eleven of which have passed. This has led to multiple changes in “constitutional” legislature from the first Knesset in 1958 to the final two Basic Laws enacted in 1992. Interestingly enough, the Basic Laws that were typically considered to hold constitutional weight, weren’t formally entrenched as laws that supersede common legislature until 1995(2020).

Under these Basic Laws, there is no official guarantee of the protection of freedom of expression. Instead, the Israeli Supreme Court has largely dictated the extent of the right to freedom of expression (Levush, 2019). In Alan Levi And Yaheli Amit v. Southern District Police Commander (1984), the Supreme Court ruled that “The right of demonstration and procession is a fundamental human right in Israel. It is recognized along with free speech, or emanating therefrom - as belonging to the freedoms that characterize Israel as a democratic state.”

However, there are limitations on the freedom of expression should any acts of expression “that constitutes incitement for racism, terrorism and violence; outrage to religious feelings; publication of false news causing fear and alarm; as well as expression of denial of the holocaust and praise for atrocities committed by the Nazis.” (Levush, 2019) Insults to public servants are also punishable by law and result in imprisonment for six months. Furthermore, it is expected that courts balance competing interests when discerning the extent to which the freedom of expression encroaches on other rights that embody the Israeli state(Levush, 2019).

Sources:

2020. Knesset.gov.il. 2020. https://knesset.gov.il/constitution/ConstIntro_eng.htm.

Levush, Ruth. 2019. “Limits on Freedom of Expression.” Maint.loc.gov. June 1, 2019. https://maint.loc.gov/law/help/freedom-expression/israel.php.

“Israel 1958 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Israel_2013.

Alevi, Alan, Yaheli Amit, Alan Levi, and D Levin. n.d. “393 Police Ordinance (New Version), 1971, Sections 83, 84 Press Ordinance.” Southern District Police Commander 1 P.D 38, no. 2: 1214. Accessed June 7, 2024. https://versa.cardozo.yu.edu/sites/default/files/upload/opinions/Levi%20v.%2 Southern%20District%20Police%20Commander_0.pdf.

Italy first ratified the Constitution of the Italian Republic in 1947 and it was officially law on January 1, 1948. Article 2 expressly guarantees inviolable rights, including freedom of expression, to any person “both as an individual and in the social groups where human personality is expressed.” Article 21 addresses the freedom of expression in the first line, “Anyone has the right to freely express their thoughts in speech, writing, or any other form of communication,” and includes the right for the press to be protected from authorisation and censorship. Article 21 also includes certain limitations of freedom of expression deeming “Publications, performances, and other exhibits offensive to public morality shall be prohibited,” and that measures to ensure this prohibition “shall be established by law.”

Sources:

“Italy 1947 (Rev. 2012) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Italy_2012.

According to the Preamble of the 1960 Constitution of the Republic of Cote d'Ivoire, "The People of Cote d'Ivoire proclaim their adherence to the principles of Democracy and of the Rights of Man, as they have been defined by the Declaration of the Rights of Man and of the Citizen of 1789, by the Universal Declaration of 1948, and as they are guaranteed by this Constitution." Articles 9 & 10 of the 2000 Constitution of the Republic of Cote d'Ivoire was more definitive. Article 9 held that: "The freedom of thought and of expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, of the rights of others, of the national security and of the public order." Article 10 was both explicit about freedom of expression: "Each has the right to express and to freely disseminate their ideas. All propaganda having for [its] object or for [its] effect to make one social group prevail over another, or to encourage racial or religious hatred is prohibited." This last prohibition on propaganda intended to divide groups with the society was very similar to a like prohibition in the 1960 Constitution.

References:

English translation of the French original text of the Constitution of 1960 Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4.

English translation of the French original text of the Constitution of 2000. "Chapter I: Of the Freedoms and of the Rights," Constitution of the Republic of Cote d'Ivoire 1 August 2000 (2000): 3-5

Article 22 of the 1960 Jamaica Constitution protects freedom of expression.

References:

English original text of the Constitution of 1962 820 (2011) Chapter III: Fundamental Rights and Freedoms: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzjm0004&id=15&men_tab=srchresults

Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."

Article 21 of Japan's 1947 Constitution guaranteed the right more broadly: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Jordan has had a single constitution for almost the entirety of their independence. The Constitution of the Hashemite Kingdom of Jordan was enacted in 1952 and in article 15 of Chapter 2 it states “The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.”

Sources:

“Jordan 1952 (Rev. 2016) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Jordan_2016.

Article 10 of the 1993 Kazakhstan Constitution states: "A citizen of the Republic shall have the right to freedom of speech, creed and their free expression. Nobody can be forced to express his views or be persecuted for having convictions."

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 111

Freedom of expression is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 23(1): "Except with his own consent, no. person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence."

Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of expression: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, pre- venting the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or (c) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

The language found in Articles 14(b) and 23(1) of the 1963 Constitutions is repeated in Articles 70 and 79(1) of the the 1969 Constitution. The language from 23(2) of the 1963 Constitution is also repeated in Article 79(2) of the 1969 Constitution, but further points are added to Article 79(2) of the 1969 Constitution.

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1

Kiribati gained its independence in 1979 which led to the creation of the Constitution of Kiribati that same year. Chapter II guarantees the protection of different fundamental rights and freedoms with the “freedom of conscience, of expression and of assembly and association” being listed as the second line of fundamental rights.

Sources:

“Kiribati 1979 (Rev. 2013) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Kiribati_2013.

Kuwait’s 1962 Constitution grants “freedom of opinion and scientific research” in Article 36. Prior Orders of Council did not explicitly grant these freedoms.

References:

English original text of the Constitution of 1962, 13 (2009) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkw0002&id=13&men_tab=srchresults

According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to free expression and dissemination of one's thoughts, ideas, opinions." Freedom of expression continues to be protected with Article 32 of the 2021 Constitution. However, it does prohibit “propaganda of national, racial, religious hatred, gender and other social superiority.”

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

English Translation of the Constitution of 2021, Adopted by the Referendum of 11 April 2021, 9 (2021) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzkg0041&id=9&men_tab=srchresults

The 1991 Constitution of the Lao People’s Democratic Republic does not formally protect freedom of expression, but does grant the right to free speech and press in Article 31. This freedom was not stated in the original 1947 Constitution.

References:

Constitution of the Lao People’s Democratic Republic, 40 (1991).

The earliest modern legal assertion of freedom of expression in Latvia can be traced to the amendments made in October 1998 to its Constitution (the Satversme), which was originally adopted in 1922 and reinstated on August 21, 1991, following Latvia's independence from Soviet control.

These 1998 amendments formally incorporated human rights protections, including freedom of expression, which were previously safeguarded under an interim Constitutional Law. Article 100 of the 1998 states: "Everyone has the right to freedom of expression, which includes the right to freely receive, keep, produce and disseminate information and to express his or her views. Censorship is prohibited."

References:

Jānis Pleps, "The Constitution of the Republic of Latvia: History and Modern Days," (Riga: University of Latvia, 2016), URL: https://tzpi.lu.lv/files/2016/05/Satversme_Pleps_angliski.pdf

"Constitution of Latvia," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Latvia_2016

"Constitution of the Republic of Latvia." Saeima of the Republic of Latvia. Accessed June 5, 2024. https://www.saeima.lv/LapasEnglish/Constitution_Visa.htm#:~:text=100.,Censorship%20is%20prohibited

The right to freedom of expression in Lebanon was initially asserted in the Lebanese Constitution adopted on May 23,1926, during the French Mandate following the dissolution of the Ottoman Empire after WWI. It continued to serve as the basis for the protection of civil liberties in the country post-independence (1943).

Article 13 of the 1926 Lebanese Constitution states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law.”

References:

"Lebanon 1926 (rev. 2004)," Constitute Project, accessed June 7, 2024, https://www.constituteproject.org/constitution/Lebanon_2004

Freedom of expression was asserted in the 1966 Lesotho Constitution, as well as in the 2010 Lesotho Constitution.

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018.

Article 15 of Liberia’s 1847 Constitution first protected freedom of the press, but did not speak to other elements of freedom of expression. Article 15 of the 1984 Liberia Constitution outlines the right to freedom of expression. Article 15(a) defines the scope of the right: "Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof. This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution." Article 15(b) outlines the content of the right: "The right encompasses the right to hold opinions without interference and the right to knowledge. It includes freedom of speech and of the press, academic freedom to receive and impart knowledge and information and the right of libraries to make such knowledge available. It includes non interference with the use of the mail, telephone and telegraph. It likewise includes the right to remain silent."

References:

1847 Constitution of Liberia: https://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf

1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults

The concept of freedom of expression in Libya was formally recognized in the Constitutional Proclamation of 1969 following the coup that brought Muammar Gaddafi to power. Article 13 of the proclamation states: “Freedom of opinion is guaranteed within the limits of public interest and the principles of the Revolution.”

The Constitutional Declaration of 2011, following the fall of Gaddafi, more clearly and robustly asserts the right to freedom of expression. Article 14 of this declaration states: “The State shall guarantee freedom of opinion, individual and collective expression, research, communication, press, media, printing and editing, movement, assembly, demonstration and peaceful sit-in in accordance with the statute.” The declaration also guarantees the freedom to form political parties and civil societies, regulated by law (Article 15).

References:

"Libyan Constitution 1969," ConstitutionNet, accessed June 11, 2024, https://constitutionnet.org/sites/default/files/1969_-_libyan_constitution_english.pdf

"Libyan Constitution 2011," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Libya_2011.

Freedom of expression in Liechtenstein “ in writing, in print or graphically” was specified in Article 40 of the 1921 Constitution of the Principality of Liechtenstein, granting it “within the limits of the laws and of morality.”

References:

Constitution of the Principality of Liechtenstein, 1921. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/Page?handle=hein.cow/zzli0006&id=5&collection=cow&index=

Freedom of speech is guaranteed to all Lithuanian citizens in Article 16 of the 1928 Constitution of the Republic of Lithuania. Article 16 continues, limiting this freedom only “when it is essential to protect morality or State order.” Post-independence from the Soviet Union, Lithuania’s 1992 Constitution expands the explanation of freedom of expression in Article 25: Individuals shall have the right to have their own convictions and freely express them. Individuals must not be hindered from seeking, obtaining, or disseminating information or ideas. Freedom to express convictions, as well as to obtain and disseminate information, may not be restricted in any way other than as established by law, when it is necessary for the safeguard of the health, honour and dignity, private life, or morals of a person, or for the protection of constitutional order. Freedom to express convictions or impart information shall be incompatible with criminal actions - the instigation of national, racial, religious, or social hatred, violence, or discrimination, the dissemination of slander, or misinformation.” However, in Article 145 this right is permitted to be temporarily limited during a state of emergency or martial law, as seen enacted in 2022 when Russia invaded Ukraine.

References:

Constitution of the Republic of Lithuania, 1928. British and Foreign State Papers (1932), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0064&i=3

Constitution of the Republic of Lithuania, 1992. Parliament (Seimas) (consulted 2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlt0061&i=1

U.S. Department of State. 2022 Country Reports on Human Rights Practices: Lithuania. (2022): https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/lithuania

Article 25 of the 1848 Constitution of the Grand Duchy of Luxembourg grants freedom of expression along with freedom of the press to Luxembourgers “except for the repression of the offenses committed on the occasion of the exercise of these freedoms.” This is continued in Luxembourg’s 1868 Constitution.

References:

Constitution of the Grand Duchy of Luxembourg, 1848. HeinOnline (2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=244

Constitution of the Grand Duchy of Luxembourg, 1868. H.F. Wright (2019), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzlu0013&i=1

According to the preamble of the 1959 Constitution of the Malagasy Republic, "freedom of speech, freedom of assembly, freedom of association and freedom to unionize shall be guaranteed under conditions stipulated by law"

References:

1959 Constitution of the Malagasy Republic: "Preamble," Constitution of the Malagasy Republic (1959): 1-4: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmg0017&id=4&men_tab=srchresults

According to the 1964 Constitution of Malawi, Article 20(1): “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication to be the public generally or to any person or class of persons) and freedom from interference with his correspondence.”

References:

1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

The 1957 Constitution of Malaysia declares in Article 10, Section 1(a) that "every citizen has the right to freedom of speech and expression." Article 10, Section 2(a) modifies this, stating: "Parliament may by law impose ... on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence".

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

Articles 13 and 14 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 are relevant to freedom of expression. Article 13 describes this right directly: "Every person has freedom of speech and expression of thought, orally and in writing, so long as the express provisions of Shariath and the law are not contravened." Article 14 is relevant to freedom of expression as well: "There exists freedom of acquiring knowledge and imparting it to others in a manner that does not contravene Shariath or law."

References:

1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#

In 1959, the Sudanese Republic joined with Senegal to create the Federation of Mali but the withdrawal of Senegal shortly thereafter led to the declaration of the Sudanese Republic as the Republic of Mali (2024). In 1960, the Constitution of the Republic of Mali (“Constitutional History of Mali) was enacted which guaranteed the affirmation of rights enshrined in the 1948 Universal Declaration of Human Rights in which Article 19 guarantees the “the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers,”(United Nations, 1948).

Sources:

2024. Familysearch.org. 2024. https://www.familysearch.org/en/wiki/Mali_History#:~:text=French%20Sudan %20joined%20with%20Senegal.

“Constitutional History of Mali.” n.d. ConstitutionNet. https://constitutionnet.org/country/africa-mali.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 8, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzml0024&collection=cow.

United Nations. 1948. “Universal Declaration of Human Rights.” https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translatio ns/eng.pdf.

Following their independence from British rule in 1964, Malta enacted their first constitution as an independent republic(Malta - Countries - Office of the Historian, n.d). Chapter IV, Article 33 guarantees the “freedom of conscience, of expression and of peaceful assembly and association.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzmt006 0&id=16&men_tab=srchresults.

“Malta - Countries - Office of the Historian.” n.d. History.state.gov. https://history.state.gov/countries/malta.

Article 2, Section 1(1) of the 1979 Constitution of the Republic of the Marshall Islands guarantees freedom of speech. Article 2, Section 1(2) describes conditions for exceptions to this rule: "Nothing in this Section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided: (a) the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others; (b) there exist no less restrictive means of doing so; and (c) the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed."

References:

1979 Constitution of the Republic of the Marshall Islands: https://rmiparliament.org/cms/constitution.html?showall=1

Since its independence in 1960, Mauritania has operated under various constitutions. Its first constitution was written in 1961 in the nation's then official language: French(Mauritanie, Constitution de 1961, 2024). The Islamic Republic of Mauritania Constitution does not explicitly and directly guarantee the right to freedom of expression. However, in the preamble the country proclaims itself to follow the principles of democracy and the rights outlined in the 1789 Declaration of Human Rights, otherwise known as The Declaration of the Rights of Man and Citizen. The French National Assembly asserts that “The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.” The previous section also addresses relative aspects of the freedom of expression by providing that “No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.”

Sources:

https://constitutionnet.org/sites/default/files/declaration_of_the_rights_of_man_1789.pdf

“Mauritanie, Constitution de 1961, Digithèque MJP.” 2024. Univ-Perp.fr. 2024. https://mjp.univ-perp.fr/constit/mr1961.htm. Robert Earl Handloff. 1990. Mauritania. U.S. Government Printing Office.

Section 3(b) of the 1968 Mauritius Independence Act, created at the independence of the state, mentinos freedom of expression along with freedom of conscience, assembly, and association. Section 12 elaborates on freedom of expression, specifying that it refers to the “freedom to hold opinions and impart ideas and information without interference.”

References:

1968 Mauritius Independence Act, 1968. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmu0005&i=18

Mexico has had several constitutions throughout its history with the first, the Constitution of Apatzingán, being in 1814. In Chapter V, Article 40 of the Constitution of Apatzingán, citizens are guaranteed the right to express themselves and manifest their opinions.

Sources:

Freedom of expression is protected in Micronesia by Article IV, Section 1 of the 1978 Constitution as Amended in 1990.

References:

1978 Constitution as Amended in 1990: Article IV: Declaration of Rights," Constitution of the Federated States of Micronesia, 1978 : [3]-[4] https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmf0001&id=3&men_tab=srchresults

The Moldovan constitutional history is somewhat complex considering its historical association with the Soviet Union as a constituent of the USSR. In 1941, the Moldavian Socialist Republic adopted their first official constitution based on the 1936 Soviet Constitution. In Chapter X, Article 125 of the 1936 Soviet Constitution guarantees citizens of the U.S.S.R. “Freedom of speech; Freedom of the Press; Freedom of assembly and holding mass meetings; Freedom of street processions and demonstrations.” These rights were likely to have been the earliest official assertion of rights and liberties in the Moldavian Socialist Republic Constitution .

Sources:

“Constitutional History of Moldova.” n.d. ConstitutionNet. https://constitutionnet.org/country/moldova.

Was not able to get a citation: https://www.marxists.org/history/ussr/government/constitution/1936/1936-constitution.pdf

In Monaco's original 1911 Constitution, Title II guaranteed several rights to be protected by the constitution. Article 10, Title II declares “Liberty of religion and of its public exercise, as well as freedom to express opinions on all matters, are guaranteed, except that offenses committed on the occasion of the use of these liberties may be suppressed.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 7, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.beal/connat0 002&id=475&men_tab=srchresults.

According to Chapter 1, Article 3(g) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom for the expression of their opinions, the Mongolian People's Republic organises the press and transfers it to the labouring people."

Article 85 of the 1940 Constitution of the Mongol People's Republic refers specifically to several freedoms associated with expression: "In conformity with the interests of the workers, and in order to develop and strengthen the state system of the Mongol People's Republic, citizens of the Mongol People's Republic are guaranteed by law: (1) Freedom of speech (2) Freedom of the press (3) Freedom of assembly and meetings (4) Freedom of street processions and demonstrations."

Article 16, Section 16 of the 1992 Constitution of Mongolia states: "Freedom of thought, opinion and expression, speech, press, assembly and peaceful demonstration. Procedures for organizing demonstrations and other assemblies shall be determined by law."

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults

1992 Constitution of Mongolia: "Chapter Two: Human Rights and Freedoms," VI. The Constitution of Mongolia (1992): 73-76 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmn0003&id=6&men_tab=srchresults

The Principality of Montenegro’s 1905 Constitution states in Article 209 that “every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving.” After the breakup of Yugoslavia, the 1992 Constitution of the now Republic of Montenegro in Article 34 specifies freedom of expression in terms of national identity, language, culture, affiliation, and opinion. Articles 67, 68, and 69 guarantee the right to express ethnic identity, language, and symbols. Further, Article 47 of the 2007 Constitution grants the “right to freedom of expression by speech, writing, picture or in some other manner. The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.”

References:

Constitution of the Principality of Montenegro, 1905. H.F. Wright (1919). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0013&i=1

Constitution of the Republic of Montenegro, 1992. World Constitutions Illustrated, HeinOnline:https://heinonline.org/HOL/Page?handle=hein.cow/zzmb0008&id=11&collection=cow&index=

Constitution of the Republic of Montenegro, 2007. Venice Commission (consulted 2017), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0017&i=1

Morocco’s 1962 Constitution, which was adopted 6 years after its independence from France (ConstitutionNet), guarantees the right to all forms of freedom of expression in Article 9 and that there will be “no limitation in the exercise of these freedoms may be imposed except by law.” The 2011 Constitution resulting from the Arab Spring omits this limitation in its mention of freedom of expression in Article 25.

References:

ConstitutionNet. Constitutional History of Morocco, (Accessed 7 June, 2024): https://constitutionnet.org/country/morocco

Constitution of the Kingdom of Morocco, 1962. A.J. Peaslee and D.P. Xydis (1965), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0011&i=1

Constitution of the Kingdom of Morocco, 2011. HeinOnline (2011), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzma0046&i=1

Article 27 of the 1975 Constitution of Mozambique, adopted the year after its independence from Portugal, realizes the right to freedom of opinion, and Article 40 Section H sanctions the suspension of the right if necessary during a state of siege or emergency. The 1990 Constitution specifically mentions freedom of expression in Article 74 and amends the limitation clause to have the right regulated “based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defense.” The 1990 Constitution keeps the same language of freedom of expression, but Articles 286 and 287 detailing the rights limited during a state of emergency does not mention freedom of expression.

References:

Constitution of the People’s Republic of Mozambique, 1975. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0011&i=1

Constitution of Mozambique, 1990. AIM (1991). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmz0006&i=1

The 1935 Government of Burma Act mentions the right to freedom of speech in the Legislature in Article 27. The 1947 Constitution details freedom of expression in Article 17(i), though Article 28 states “The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfillment of their duties and the maintenance of discipline.” Similar sentiment is echoed in the 2008 Constitution, giving citizens the right to freedom of expression “if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.”

References:

Government of Burma Act, 1935. HMSO (1935). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0015&i=1

Constitution of the Union of Burma, 1947: A.J. Peaslee (1950 and 1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0014&i=1

Constitution of the Republic of the Union of Myanmar, 2008. Ministry of Information (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0002&i=1

Article 21 of the 1990 Constitution of the Republic of Namibia guarantees in Article 21 freedom of expression, speech, and media. The right can be limited however, without discrimination, in the interests of security, public order, morality, decency of Namibia.

References:

Constitution of the Republic of Namibia, 1990. Government of Namibia (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=286

The Constitution of Nauru, enacted in 1968 promises in Article 12 the freedom of expression and in Article 12 Section 3a only limits the right if it is “reasonably required” in the interests of public defense, safety, security, health, and morality.

References:

Constitution of Nauru, 1968. Government of Nauru (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznr0001&i=1

The 1948 Constitution of Nepal grants citizens the right to freedom of speech in Article 4. This was amended in the 1959 Constitution in Article 7a to freedom of speech and expression, and then amended again in the 2007 Interim Constitution of Nepal in Article 13 Section 3a to freedom of opinion and expression. The 2015 Constitution is consistent with the wording in 2007.

References:

Constitution of Nepal, 1948. British and Foreign State Papers (1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0020&i=1

Constitution of the Kingdom of Nepal, 1959. Government, ConstitutionNet (consulted 2018), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0017&i=1

Interim Constitution of Nepal, 2007. Supreme Court, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0001&i=1

Constitution of Nepal, 2015. Embassy of Nepal to Germany (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznp0004&i=1

The Kingdom of the Netherlands gained its independence in 1813 and established their constitution in 1814. Article 7, Chapter 1 of the Constitution of the Kingdom of the Netherlands describes freedom of expression, No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals. The preceding paragraphs do not apply to commercial advertising.”

Sources:

“Netherlands 1814 (Rev. 2008) Constitution - Constitute.” n.d. Www.constituteproject.org. https://www.constituteproject.org/constitution/Netherlands_2008.

New Zealand does not have a written constitution, as stated by the Governor-General of New Zealand: “New Zealand's constitution is not found in one document. Instead, it has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions as well as established constitutional practices known as conventions.” The Imperial Laws Application Act of 1988 incorporated British constitutional legislation created prior to colonization of New Zealand into New Zealand law. As such, the oldest mention of freedom of expression with this application appears in the British 1688 Bill of Rights referring to freedom of speech (Office of the Governor-General of New Zealand). It specifically stated as freedom of expression in Article 14 of New Zealand’s 1990 Bill of Rights, a distinguished and elevated constitutional document in the country (New Zealand Parliament, 30 June 2017). The 1987 Maori Language Act additionally details freedom of expression specifically in terms of Maori national identity and language.

References:

Maori Language Act, 1987, Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0168&i=1

New Zealand Bill of Rights, 1688. Parliamentary Council Office (consulted 2013), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0255&i=1

New Zealand Bill of Rights Act, 1990. Parliamentary Council Office (consulted 2016), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zznz0133&i=1

New Zealand Parliament. “New Zealand’s First Constitution Act Passed 165 Years Ago,” 30 June 2017: https://www.parliament.nz/en/get-involved/features/new-zealand-s-first-constitution-act-passed-165-years-ago/

Office of the Governor-General of New Zealand. “New Zealand’s Constitution,” Accessed 7 June 2024: https://gg.govt.nz/office-governor-general/roles-and-functions-governor-general/constitutional-role/constitution/constitution

The 1826 Constitution of Nicaragua expresses in Article 29 that “freedom of speech, of writing and of the press, is one of the first and most sacred rights of Nicaraguans. The Law may not prohibit it, or subject it to prior censorship, for any cause or pretext.” The 1838 Constitution, enacted after Nicaragua became an independent republic, details freedom of expression in Article 29 with specific mention of citizens “being responsible before the law for abusing this liberty.” Article 21 of the 1974 Constitution, enacted after the Nicaraguan Revolution additionally grants freedom of expression, but with multiple limitations by law if necessary for national security, order, public health, and dignity, or for the national economy. The 1987 Constitution, which is Nicaragua’s most recent Constitution, protects freedom of expression in Article 30, and specifically indigenous cultural expression in Article 90. Article 186 states the freedoms which the government can suspend in a state of emergency; Article 90 can not be suspended but Article 30 is not mentioned.

References:

Constitution of the State of Nicaragua, 1826. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0038&i=1

Political Constitution of the Free State of Nicaragua, 1838. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0040&i=1

Constitution of the Republic of Nicaragua, 1972. PAU/OAS, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0032&i=1

Political Constitution of the Republic of Nicaragua, 1987. National Assembly (1989), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzni0022&i=1

Niger’s 1959 Constitution following its independence from France does not have a section for rights, but states in the Preamble: “The People of Niger solemnly reaffirm their attachment to the principles of democracy and to the rights and liberties of man, specified in the Historical Declaration of 1789 and guaranteed by the Constitution of the Community.” This refers to the French Declaration of the Rights of Man and of the Citizen, which proclaims the freedom of opinion in Articles 10 and 11 of Lafayette’s original draft (American Battlefield Trust). The Declaration was later revised and completed most prominently by Emmanuel-Joseph Sieyes, but its emphasis on freedom of expression was maintained (Mark, 2022). The 1960 Constitution of Niger similarly states that the rights professed in the Declaration of the Rights of Man and of the Citizen are protected in its Constitution. The 1989 Constitution, however, does gain a section for rights and protects opinion, thought, and expression “exercised within respect for the laws and regulations in force” in Article 13. The 1992 Constitution changes this part slightly and protects expression “exercised within respect for the public order, for social peace, and for national unity” in Article 24.

References:

Constitution of Niger, 1959. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0010&i=1

Constitution of Niger, 1989. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0013&i=1

Constitution of Niger, 1992. World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzne0014&i=1

Lafayette's Draft of the Declaration of the Rights of Man and of the Citizen. American Battlefield Trust, Accessed 7 June 2024: https://www.battlefields.org/learn/primary-sources/lafayettes-draft-declaration-rights-man-and-citizen

Mark, Harrison. “Declaration of the Rights of Man and of the Citizen” World History Encyclopedia, 8 June, 2022: https://www.worldhistory.org/article/2012/declaration-of-the-rights-of-man-and-of-the-citize/

“The text of the Declaration of the Rights of Man and of the Citizen, written in 1789, translated into English.” Digital Public Library of America, Accessed 7 June, 2024: https://dp.la/primary-source-sets/declaration-of-the-rights-of-man-and-of-the-citizen/sources/889

Article 24 of the 1960 Constitution of Nigeria, created after its independence, entitles citizens to the right of freedom of expression. Section 2a of this Article states that this freedom can only be limited if it is “reasonably justifiable” in “the interest of defense, public safety, public order, public morality or public health.” This wording is consistent through Nigeria’s 1999 Constitution.

References:

Constitution of Federation of Nigeria, 1960. National Assembly (2010), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0011&i=1

Constitution of the Federal Republic of Nigeria, 1999. Comparative Constitutions Project (2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0020&i=1

Article 13 of North Korea’s 1948 Constitution grants citizens “freedom of opinion, publication, assembly, and freedom to form associations, or participate in public demonstrations” and the freedom to join a variety of social, political, and economic organizations.

References:

Constitution of the Democratic People’s Republic of Korea, 1948. Central Intelligence Agency (1951), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=310

The 1991 Constitution of the Republic of Macedonia, enacted after the breakup of Yugoslavia, protects the “free expression of national identity” in Article 8 and free thought and public expression in Article 16.

References:

Constitution of the Republic of Macedonia, 1991. Government of North Macedonia (1991), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmk0010&i=1

Article 100 of Norway’s 1814 Constitution states, “It is allowed everybody freely to deliver his opinions of government or any other subject.” Nearly 200 years later in 2004, Article 100 was amended and lengthened providing an elaborate definition of freedom of expression:

“There shall be freedom of expression. No one may be held liable in law for having imparted or received information, ideas or messages unless this can be justified in relation to the grounds for freedom of expression, which are the seeking of truth, the promotion of democracy and the individual's freedom to form opinions. Such legal liability shall be prescribed by law. Everyone shall be free to speak their mind frankly on the administration of the State and on any other subject whatsoever. Clearly defined limitations to this right may only be imposed when particularly weighty considerations so justify in relation to the grounds for freedom of expression.”

According to the Norwegian Commission for Freedom of Expression Report, the new Article 100 was “built on the legal developments associated with Article 10 of the European Human Rights Convention (ECHR).”

References:

Rieber-Mohn, Thomas. “Proposed Amendments to Article 100 of the Norwegian Constitution (Freedom of Expression)” IRIS Merlin (2004): https://merlin.obs.coe.int/article/3198

Norwegian Commission for Freedom of Expression Report, 2022. Norwegian Ministry of Culture and Equality: https://www.regjeringen.no/contentassets/753af2a75c21435795cd21bc86faeb2d/en-gb/pdfs/nou202220220009000engpdfs.pdf

Constitution of the Kingdom of Norway, 1814. Norwegian Government (1814), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/COWShow?collection=cow&cow_id=312

The 1996 Basic Statute of the State of Oman guarantees the freedom of expression and opinion through a variety of methods including oral and written within the limits of the law. The state of emergency provisions of the Statute does not mention any limitations of freedom of expression.

References:

Basic Statute of the State of Oman, 1996. Government of Oman, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzom0002&i=1

Palau’s 1981 Constitution was enacted prior to its termination as part of the Trust Territory of the Pacific Islands administered by the United States. In Article 4 Section 2 of the Constitution, freedom of expression and press are protected. The Article goes on to specify that “No bona fide reporter may be required by the government to divulge or be jailed for refusal to divulge information obtained in the course of a professional investigation.” The 1981 Constitution and its rights provisions were maintained when Palau became independent and known as the Republic of Palau.

References:

Republic of Palau. U.S. Department of the Interior, Accessed 7 June 2024: https://www.doi.gov/oia/islands/palau

Constitution of the Republic of Palau, 1981. Senate, World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzpu0001&i=1

The state of Panama has had four separate governing constitutions with the first one being enacted in 1904. Title III, Section 27 of the 1904 Constitution of the Republic of Panama states, “Every person may freely express his opinion, either orally or in writing, by means of the press, or by any other process, without being first subject to censorship, provided always that he refers to the official acts of public functionaries.” Section 27 also recognizes that individuals will incur legal responsibility should “the honor of persons [be] assailed by any of these means.”

Sources:

“Historical Documents - Office of the Historian.” 2024. State.gov. 2024. https://history.state.gov/historicaldocuments/frus1904/d550.

Papua New Guinea officially enacted their constitution in 1975. Within this constitution, a section titled, “Basic Rights,” officially affords individuals the “freedom of conscience, of expression, of information and of assembly and association.” The freedom of expression, along with the other enumerated rights listed, are not limited on the basis of “race, tribe, places of origin, political opinion, colour, creed or sex.”

Sources:

“University of Minnesota Human Rights Library.” n.d. Hrlibrary.umn.edu. Accessed June 7, 2024. http://hrlibrary.umn.edu/research/newguinea-constitution.html.

“Papua New Guinea 1975 (Rev. 2016) Constitution - Constitute.” n.d. www.constituteproject.org. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016.

Article 18 of the 1870 Constitution of Paraguay includes a reference to the right of inhabitants of Paraguay "to teach and to learn", and Article 23 protects "Private acts, which in no way affect public order or morals or do wrong to third parties." Article 72 of the 1967 Constitution of Paraguay offered an explicit guarantee of freedom of expression in peacetime.

References:

English Translation of the Spanish Original Text of the Constitution of 1870 4-5 (2022) Chapter II: Rights and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=5&men_tab=srchresults

English Translation of the Spanish Original Text of the Constitution of 1967 10 (2022) Section 1: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0027&id=12&men_tab=srchresults

Peru has classified 12 separate documents as constitutions throughout its history. The first was drafted in 1823 but was never officially put into effect and only two have lasted more than 20 years. The first explicit assertion of the right to freedom of expression was illustrated in Section CLIII, Title IX - General Dispositions of the 1928 Political Constitution of the Peruvian Republic, “All may communicate their thoughts verbally, or in writing, and publish them by means of the Press, without previous censorship, but under the responsibility which the Law may determine.”

Article 2 of the 1993 Constitution of Peru asserts the right of every person "To freedom of information, opinion, expression, and dissemination of thought, whether oral, written, or in images, through any medium of social communication, and without previous authorization, censorship, or impediment, under penalty of law."

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 10, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=co w&handle=hein.cow/bfsprs0016&id=984.

“Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 7, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts and-maps/peru-constitutions.

https://www.constituteproject.org/constitution/Peru_2021?lang=en.

The Philippines has had six different governing constitutions since their proclamation of independence in 1898. The first constitution was put into effect in 1899 and is commonly known as the Malolos Constitution(Constitution Day GOVPH n.d). Article 20 guarantees any Filipino the “the right to freely express his ideas or opinions, orally or in writing, through the use of the press or other similar means.” It is also important to note the succeeding statement in Article 21, “The exercise of the rights provided for in the preceding article shall be subject to general provisions regulating the same.” Article 4, Section 9 of the Republic of the Philippines 1973 Constitution contains the first assertion of freedom of speech in the country’s independent history.

Sources:

“Constitution Day GOVPH.” n.d. Official Gazette of the Republic of the Philippines. https://www.officialgazette.gov.ph/constitutions/constitution-day/#:~:text=Th %20Philippines%20has%20had%20a.

“899 CONSTITUTION of the REPUBLIC of the PHILIPPINES (the MALOLOS CONSTITUTION).” n.d. Accessed June 7, 2024. https://www.chanrobles.com/PDF.LAWS/1899%20CONSTITUTION%20OF %20THE%20REPUBLIC%20OF%20THE%20PHILIPPINES.pdf.

“1973 Constitution of the Republic of the Philippines.” Official Gazette of the Philippines. Accessed July 17, 2023. https://www.officialgazette.gov.ph/constitutions/1973-constitution-of-the-republic-of-the-philippines-2/

The Constitution of 1997 was the first document to protect freedom of expression in the present-day Republic of Poland, with Article 54 specifically outlining the right. Article 54 of the 1997 Constitution of Poland states: "The freedom to express opinions, to acquire and to disseminate information shall be ensured to everyone.” That said, past Polish governments have protected this right through a variety of legal documents, the earliest being the 1921 Constitution of the Republic of Poland.

Article 104 of the 1921 constitution states: “Every citizen has the right to express his ideas and opinions freely, provided that in so doing he does not violate the law.”

Article 105 of the same further stipulates: “Liberty of the Press is guaranteed. The Press shall not be subject to censorship and shall not be subsidized…”

Article 5 of the 1935 constitution reaffirms this right: “(2) The State assures its citizens the possibility of developing their personal capabilities, as also liberty of conscience, speech, and assembly. (3) The limit of these liberties is the common good.”

References:

“Constitution of the Republic of Poland, March 17 1921.” Sejm of the Republic of Poland. Accessed July 17, 2023. http://libr.sejm.gov.pl/tek01/txt/kpol/e1921.html

“Constitution of the Republic of Poland of 2nd April, 1997.” Sejm of the Republic of Poland. Accessed July 17, 2023. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm

“Poland 1997,” Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Poland_1997

“The Polish Republic,” HeinOnline, accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.77)

“Constitution of the Republic of Poland (April 23rd, 1935)”. HeinOnline. Accessed June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p.12)

Article 37 of Portugal’s 1976 Constitution is the first assertion of freedom of expression in the present-day Portuguese Republic. It provides: "Everyone shall possess the right to freely express and publicize his thoughts in words, images or by any other means, as well as the right to inform others, inform himself, and be informed without hindrance or discrimination."

Other Portuguese governments have also protected this right, with its earliest assertion found in Article 145(3) of the Kingdom of Portugal’s 1822 Constitution.

The 1911 constitution also upheld this principle, providing in Article 3(14) that “Liberty of conscience and creed is inviolable.” Sub article 13 of the same stipulates, “The expression of thought in any form whatever is completely free, and not dependent upon the previous giving of security, submission to censure, or the obtaining of previous authorization, but the abuse of this privilege is punishable in the cases and in the manner prescribed by the law.”

“Constitutional Charter of Portugal.” World Constitutions Illustrated, Heinonline. Accessed July 17, 2023. https://heinonline.org/HOL/P?h=hein.beal/modern0002&i=160

“Constitution of the Portuguese Republic.” University of Minnesota Human Rights Library. Accessed July 17. http://hrlibrary.umn.edu/research/portugal-constitution.html

“Constitution of the Republic of Portugal—Lisbon, August 21, 1911.” HeinOnline, accessed on June 7, 2024. https://heinonline.org/HOL/Page?handle=hein.cow/zzsn0036&id=4&collection=cow&index= (p. 767)

“Portugal 1976 (rev. 2005).” Constitute Project. Accessed June 7, 2024. https://www.constituteproject.org/constitution/Portugal_2005

Qatar's first formal assertion of freedom of expression is relatively recent compared to many other nations. It was included in the Permanent Constitution of Qatar, which was approved in a public referendum in 2003 and adopted on June 8, 2004. The constitution was part of broader reforms initiated by the Emir of Qatar to modernize the state and its institutions. This included greater political freedoms, though within the context of a conservative Gulf monarchy.

Article 47 of the Qatari Constitution states: “ Freedom of expression of opinion and scientific research is guaranteed in accordance with the conditions and circumstances set forth in the law.”

Article 48 adds: "Freedom of the press, printing and publication shall be guaranteed in accordance with the law."

Article 50: “Freedom to practice religious rites shall be guaranteed to all persons in accordance with the law and the requirements of the maintenance of public order and morality.”

References:

"Qatar Constitution 2004," ACE Electoral Knowledge Network, accessed June 11, 2024, https://aceproject.org/ero-en/regions/mideast/QA/qatar-constitution-2004/view.

Freedom of expression was first protected by Romania’s current semi-presidential regime through Article 30 of the country’s 1991 Constitution. Article 30 of the 1991 constitution reads, "(1) The freedom to express ideas, opinions, and beliefs and the freedom of creation of any kind — orally, in writing, through images, by means of sound, or by any other means of public communication — are inviolable. (2) Censorship of any kind is prohibited."

However, the right was first protected in the land when it was known as the Kingdom of Romania through the 1866 Constitution.

It was also asserted in the 1923 constitution, which was influenced by democratic principles following World War I. Article 5 of this constitution states, “Romanians, irrespective of ethnic origin, language or religion, shall enjoy freedom of conscience, freedom of education, freedom of the press, freedom of assembly, freedom of association and all freedoms and rights established by law”.

References:

“Constitution of 30 June/12 July 1866, as Amended 13/25 October 1876 and 8/20 June 1884.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.cow/stwar0001&i=525

“The Constitution of Romania.” President of Romania. Accessed July 17, 2023. https://www.presidency.ro/en/the-constitution-of-romania

“Constitution of 1923.” Royal House of Romania Hohenzollern-Sigmaringen Accessed June 7, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/text-constitution-of-1923.

“Romania 1991 (rev. 2003) Constitution," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Romania_2003.

Article 29 of the 1993 Constitution of the Russian Federation is the first assertion of freedom of expression in the country’s independent history. It provides: “1. Everyone shall be guaranteed the freedom of thought and speech. 2. Propaganda or agitation, which arouses social, racial, national, or religious hatred or hostility shall be prohibited. Propoganda of social, racial, national, religious, or linguistic supremacy shall also be prohibited. 3. Nobody shall be forced to express his thoughts and convictions or to deny them. 4. Everyone has the right to freely seek, receive, transmit, produce, and disseminate information by any legal means. The list of information, which constitute State secrets, shall be determined by federal law."

That said, under the Russian Socialist Soviet Republic this right was articulated as early as 1923 through the Constitution (Basic Law) of the Union of Soviet Socialist Republics.

References:

“Constitution of the Russian Federation.” University of Minnesota Human Rights Library. Accessed July 17, 2023. http://hrlibrary.umn.edu/research/constitution-russia.html

“Constitution (Basic Law) of the Union of Soviet Socialist Republics, 1923/24.” World Constitutions Illustrated, Heinonline. Accessed July 17, 2023. https://heinonline.org/HOL/P?h=hein.journals/intcon5&i=426

“Russian Federation 1993 (rev. 2014)”. Constitute Project Accessed June 7, 2024. https://www.constituteproject.org/constitution/Russia_2014#s166.

Freedom of expression is first mentioned in Article 18 of Rwanda’s first constitution, which entered into law in 1962. However, the document does place limits on the right in accordance with other laws, public security, and the honor of others.

A more explicit and internationally aligned assertion came with the post-genocide Constitution of 2003. Article 37 of the Rwandan Constitution of 2003 states: "Freedom of thought, conscience, religion, worship and public manifestation thereof is guaranteed by the State in accordance with the law."

References:

“Constitution de la République Rwandaise.” Library of Congress. Accessed July 10, 2023. https://www.loc.gov/item/2008700213/#:~:text=Summary,from%20the%20neighboring%20Belgian%20Congo.

"Rwanda 2003 (rev. 2015) Constitution," Constitute Project, accessed June 11, 2024, https://www.constituteproject.org/constitution/Rwanda_2015.

The Constitution of St. Kitts and Nevis, adopted in 1983, first protected freedom of expression in its 12th amendment. The section also stipulates that this right can be limited as “reasonably required” for a variety of public interests.

“The Constitution of Saint Christopher and Nevis.” The Government of St. Kitts and Nevis. Accessed July 10, 2023. https://www.gov.kn/the-constitution/

St. Lucia first protected freedom of expression in the preamble as well as the 1st and 10th articles of its 1978 Constitution. Article 10 lists several exceptions to the right, including public interests and the protection of the rights of others.

“Saint Lucia 1978.” Constitute. Accessed July 10, 2023. https://www.constituteproject.org/constitution/St_Lucia_1978

Adopted in 1979, the Constitution of St. Vincent and the Grenadines is the first document in the country’s history to protect freedom of expression. This right is specifically mentioned in Article 1(b).

“Saint Vincent and the Grenadines 1979.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/St_Vincent_and_the_Grenadines_1979

Article 13(1)(a) of Samoa’s 1962 Constitution is the first assertion of freedom of expression in the country’s history. The article also states that this right can be limited for various reasons including public interests and national security.

“Samos’s Constitution of 1962 with Amendments through 2017.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Samoa_2017.pdf?lang=en

Freedom of expression was first protected by Article 6 of San Marino Law 59, adopted in 1974. Also known as the Declaration of Citizen Rights, this legislation only allows for the limitation of this right in exceptional cases or to uphold public interests.

“Decreto 8 luglio 2002 n. 79 Repubblica di San Marino.” FAO. Accessed July 11, 2023. https://www.fao.org/faolex/results/details/es/c/LEX-FAOC127860/

São Tomé and Príncipe’s 1975 Constitution is the first legal document in the country’s history to protect freedom of expression. Article 29 specifically outlines this right.

“São Tomé and Príncipe Constitution of 1975 with Amendments through 2003.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003.pdf?lang=en

Freedom of expression is not protected by any legal measures in Saudi Arabia. Expression itself is only mentioned in Article 39 of the Basic Law of Governance, adopted in 1992. It states that “mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation and strengthen unity. It is prohibited to commit acts leading to disorder and division, affecting the security of the state and its public relations, or undermining human dignity and rights.”

“Basic Law of Governance.” The Embassy of the Kingdom of Saudi Arabia. Accessed July 11, 2023. https://www.saudiembassy.net/basic-law-governance

Freedom of expression was first mentioned in Article 4 of Senegal’s 1959 Constitution. However, as a part of the Mali Federation, the right was guaranteed by the 1959 Constitution of the Mali Federation.

“Constitution de la Federation du Mali 1959.” World Constitutions Illustrated, HeinOnline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0015&i=1

“Constitution of the Republic of Senegal 24 January 1959.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsn0033&i=4

Article 46 of the 2006 Serbian Constitution is the first assertion of freedom of expression in the Republic of Serbia as it is known today. That said, the right has been protected in other historical documents that governed the land prior to the present-day regime; these include the Constitution of the Principality of Serbia (1869) and the Constitution of the Federal Republic of Yugoslavia (1992).

“Constitution de la Principauté de Serbie.” World Constitutions Illustrated, Heinonline. Accessed July 11, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzcs0005&i=1

“Constitution of the Federal Republic of Yugoslavia.” Refworld. Accessed July 11, 2023. https://www.refworld.org/docid/3ae6b54e10.html

“Serbia’s Constitution of 2006.” Constitute. Accessed July 11, 2023. https://www.constituteproject.org/constitution/Serbia_2006.pdf?lang=en

Freedom of expression was first protected under Article 21 of the Seychelles Independence Constitution of 1976. The section stipulates that this right can be limited for the purposes of public interests and protection of the rights of others.

“Seychelles Independence Constitution 1976.” Citizenship Rights Africa. Accessed June 12, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf

Article 21 of the 1961 Constitution of Sierra Leone contains the first assertion of freedom of expression in the country’s independent history. The Article also allows limitations on this right for the protection of public interests and other rights of individuals.

“Constitution of Sierra Leone.” World Constitutions Illustrated, Heinonline. Accessed Jlu 14, 2023. https://heinonline-org.offcampus.lib.washington.edu/HOL/COWShow?collection=cow&cow_id=366#:~:text=Unattributed%20%5Bundated%5D%20%2D%20English

Freedom of expression was first asserted in Article 14(1) of Singapore’s 1963 Constitution. The right is subject to limitations on the grounds of security, public interest, and more.

“Singapore 1963 (rev. 2016).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Singapore_2016?lang=en

The Constitution of the Slovak Republic was the first document in the country’s independent history to protect freedom of expression. This right was specifically expressed in Article 26, which also allows for limitations on expression as “necessary in a democratic society.”

“Slovakia’s Constitution of 1992 with Amendments through 2017.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovakia_2017.pdf?lang=en

Freedom of expression was first asserted in an independent Slovenia under its Constitution of 1991. Article 39 of the document specifically outlines this right.

“Slovenia’s Constitution of 1991 with Amendments through 2013.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Slovenia_2013.pdf

The Solomon Islands’ Constitution of 1978 was the first document in the country’s independent history to protect freedom of expression. Article 12 specifically defines this right and its limitations related to public interests.

“Solomon Islands 1978 (rev. 2018).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Solomon_Islands_2018

The Constitution of the Somali Republic, adopted in 1960, is the first assertion of freedom of expression in the country’s history. The right was specifically outlined in Article 28, which also defined limitations as “prescribed by law for the purpose of safeguarding morals and public security.”

“The Constitution of the Somali Republic.” Citizenship Rights Africa. Accessed July 13, 2023, http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf

Freedom of expression was first protected under South Africa’s Interim Constitution of 1993. Article 15(1) specifically defines the right.

“Constitution of the Republic of South Africa Act 200 of 1993 [repealed].” Government of South Africa. Accessed July 13, 2023. https://www.gov.za/documents/constitution/constitution-republic-south-africa-act-200-1993#Fundamental%20Rights

Article 21 of South Korea’s 1948 Constitution is the first assertion of freedom of speech in the country’s independent history. The law also states that the right may not be expressed in a way that violates the honor of others or undermines morals and ethics.

“Korea (Republic of) 1948 (rev. 1987).” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Republic_of_Korea_1987

Article 24 of South Sudan’s 2011 Constitution is the first assertion of freedom of expression in the country’s independent history. That said, the South Sudanese people were granted this right in 1973 through the Permanent Constitution of Sudan before their country seceded from the Republic of Sudan.

“The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1

“South Sudan 2011 (rev. 2013).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/South_Sudan_2013

Article 17 of the Spanish Constitution of 1869 was the first specific assertion of freedom of expression in the country’s history. However, Spaniards were granted a form of this right, the freedom to print and publish their ideas, in the Constitution of 1837.

“Spain Constitution of 1869 - Translated by Luis Francisco Valle Velasco.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzes0128&i=1

“Spain’s Constitution of 1837.” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Spain_1837.pdf?lang=en

Freedom of expression was first protected in Sri Lanka’s 1973 Constitution. Article 18 (1)(g) specifically defines this right, as well as some limitations to it based on public interests.

“Constitution of Sri Lanka (Ceylon).” The Parliament of Sri Lanka. Accessed July 13, 2023. https://www.parliament.lk/files/ca/4.%20The%20Constitution%20of%20Sri%20Lanka%20%20-%20%201972%20(Article%20105%20%E2%80%93134)%20Chapter%20XIII.pdf

Sudan’s Constitution of 1973 is the first document to protect freedom of expression in the country’s history. Article 48 specifically defines the right.

“The Permanent Constitution of the Sudan.” World Constitutions Illustrated, Heinonline. Accessed July 13, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzsd0013&i=1

Suriname’s Constitution of 1987 establishes freedom of expression. Article 19 specifically outlines the right.

“Suriname 1987 (rev. 1992).” Constitute. Accessed July 13, 2023. https://www.constituteproject.org/constitution/Surinam_1992

Freedom of expression was first specifically asserted in Sweden through Article 1 of the Fundamental Law on Freedom of Expression, adopted in 1991. However, freedom of the press, and thus expression through writing, has existed in the country since the adoption of the Freedom of Print Act in 1776.

“Fundamental Law on Freedom of Expression.” Sveriges Riksdag. Accessed July 12, 2023. https://www.riksdagen.se/globalassets/05.-sa-fungerar-riksdagen/demokrati/the-fundamental-law-on-freedom-of-expression.pdf

Nordin, Jonas. “The Swedish Freedom of Print Act of 1776 - Background and Significance.” Journal of International Media and Entertainment Law 7, no. 2 (2018): 137-144. https://www.swlaw.edu/sites/default/files/2018-04/Nordin%20Pages%20from%207.2%20FULL%20v7%20%284_13_18%29_.pdf

Article 16 of Switzerland’s 1999 Constitution is the first explicit assertion of freedom of expression in the country’s history. However, prior to the adoption of that document, the Swiss Federal Tribunal recognized the right as an unwritten fundamental liberty.

Hertig Randall, Maya. “The Swiss Federal Bill of Rights in the Context of International Human Rights Protection: Added Value and Shortcomings.” Revue Interdisciplinaire d'Études Juridiques, 77 no. 2 (2016): 151-177. https://www.cairn.info/revue-interdisciplinaire-d-etudes-juridiques-2016-2-page-151.htm#re25no25

“Switzerland’s Constitution of 1999 with Amendments through 2014.” Constitute. Accessed July 12, 2023. https://www.constituteproject.org/constitution/Switzerland_2014.pdf?lang=en

The Syrian Constitution of 1930 was the first document to protect freedom of expression in the country’s history. Article 16 specifically outlined the right and stated that it was “subject to the provisions of the law.”

“Syria Constitution (1930).” World Statesmen. Accessed July 13, 2023. https://www.worldstatesmen.org/Syria-Constitution1930.docx

Article 30 of Tajikistan’s constitution guarantees freedom of speech and prohibits state censorship, while Article 40 guarantees the right to freely create. The document was first adopted in 1994; however, as citizens of a Soviet Republic in the 1980s, the people of Tajikistan were granted some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies prior to independence.

“Constitution of the Republic of Tajikistan.” General Prosecutor’s Office of the Republic of Tajikistan. Accessed June 26, 2023. https://www.prokuratura.tj/en/legislation/the-constitution-of-the-republic-of-tajikistan.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Freedom of expression is initially mentioned in the Second Schedule of Tanzania’s first constitution. The document was established in 1961 after the country gained independence from the United Kingdom.

“The Tanganyika (Constitution) Order in Council, 1961.” Citizenship Rights Africa. Accessed June 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2016/08/Tanganyika-Constitution-Order-in-Council-1961-SI-2274.pdf

Thailand’s 1932 constitution was the first document in the state’s history to protect freedom of speech. Article 14 guaranteed this right, though it was “subject to the provisions of the law.”

“Thailand Constitution 1932.” Bloomsbury Professional. Accessed June 28, 2023. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf

The 1963 constitution is the first instance where freedom of expression is outlined in the Togolese legal system. Article 12 of the document officially enshrines the right into law.

“Constitution de la République Togolaise, 5 Mai 1963.” Library of Congress. Accessed June 26, 2023. https://www.loc.gov/item/2008700247/#amp=&page=5&item_type=book

Tonga’s constitution, adopted in 1875, protects freedom of speech in the first clause of its 7th Article. However, the clause also states that this right “does not outweigh the law of defamation, official secrets, or the laws protecting the King and the Royal Family.”

“Tonga’s Constitution of 1875 with Amendments Through 2013.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tonga_2013.pdf?lang=en

The Trinidad and Tobago (Constitution) Order in Council of 1962 was the first document to establish freedom of expression in the country. The right is specifically outlined in Section 1(i) of the chapter entitled “The Recognition and Protection of Human Rights and Fundamental Freedoms.”

“Trinidad and Tobago (Constitution) Order in Council 1962.” Government of the Republic of Trinidad and Tobago. Accessed June 26, 2023. http://laws.gov.tt/pdf/A7.pdf

Freedom of expression was first guaranteed under Article 8 of Tunisia’s first constitution after gaining independence from France. The document was adopted in 1959 with periodical amendments through 2008.

“Tunisia’s Constitution of 1959 with Amendments through 2008.” Constitute. Accessed June 26, 2023. https://www.constituteproject.org/constitution/Tunisia_2008.pdf

The Turkish Constitution of 1924 is the first document that implemented freedom of speech, conscience, and thought into the country’s law. These rights were laid out in Section V, Article 70.

Earle, Edward M. “The New Constitution of Turkey.” Political Science Quarterly. Vol. 40. No. 1 (Mar., 1925), pp-73-100. https://www.jstor.org/stable/2142408

Turkmenistan’s 1992 constitution was the first legal document to protect the freedoms of conviction and expression in the state’s history, with the rights outlined in Article 26. That said, during the 1980s when the country was a Soviet Republic there were some opportunities for freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies.

“Constitution of Turkmenistan.” University of Minnesota Human Rights Library. Accessed June 26, 2023. http://hrlibrary.umn.edu/research/turkmenistan-constitution.html “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Freedom of expression was first outlined in Tuvalu’s 1978 constitution. Section 11 of the document mentions the right briefly, while Section 24 defines it more specifically and stipulates some exceptions in regards to public interests such as safety, defense, and health.

“Constitution of Tuvalu.” Tuvalu Government. Accessed June 26, 2023. https://www.gov.tv/tuvalu-constitution/

Uganda’s 1962 constitution is the original document that guaranteed freedom of expression for the country’s citizens. The right is expressly mentioned in Article 17(b); however, the section also states that the right may be limited to protect public interests and the liberties of others.

“Uganda Constitution (Order in Council) 1962.” World Statesmen. Accessed June 27, 2023. https://www.worldstatesmen.org/Uganda-const-1962.pdf

Article 34 of the Ukrainian Constitution, adopted in 1996, guarantees freedom of expression for all Ukrainians. The same article also stipulates different limitations on this right, most of which are based on public interests. Prior to their independence from the Soviet Union, Ukrainians had also been able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies during the 1980s.

“Constitution of Ukraine.” Council of Europe. Accessed June 28, 2023. https://rm.coe.int/constitution-of-ukraine/168071f58b “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Freedom of expression was first mentioned in Article 30 of the United Arab Emirates’ 1971 constitution. However, the document only guarantees this freedom “within the limits of the law.”

“United Arab Emirates 1971 (rev. 2004).” Constitute. Accessed June 27, 2023. https://www.constituteproject.org/constitution/United_Arab_Emirates_2004?lang=en

Freedom of expression was first codified in the United Kingdom through the Human Rights Act of 1998. This piece of legislation protected the liberties guaranteed by the European Convention on Human Rights, including Article 10, which states that “everyone has the right to freedom of expression” (“European Convention on Human Rights” 1953, 12). That said, prior to the ratification of the HRA freedom of speech had a somewhat ambiguous protected status, with some courts in the UK suggesting that common law recognized the right (Barendt 2009, 1).

Barendt, Eric. “Freedom of Expression in the United Kingdom Under the Human Rights Act 1998.” Indiana Law Journal Vol. 84, Iss. 3, Art. 4 (Summer 2009). https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1125&context=ilj “European Convention on Human Rights.” Council of Europe. Accessed June 27, 2023. https://www.echr.coe.int/documents/d/echr/convention_eng “Human Rights Act of 1998.” Government of the United Kingdom. Accessed June 27, 2023. https://www.legislation.gov.uk/ukpga/1998/42/section/1

The 1st Amendment to the US Constitution was the earliest piece of federal legislation in the country’s history to protect freedom of speech. The original document became law in 1788, while the Bill of Rights, which included the First Amendment, was ratified in 1791.

“The United States Constitution.” National Constitution Center. Accessed June 27, 2023. https://constitutioncenter.org/the-constitution/full-text

The Constitution of the Oriental Republic of Uruguay, adopted in 1830, was the first document to guarantee freedom of speech after the country gained independence from Spain. Article 29 protects this right through all methods of circulation, while also stipulating that individuals “may be held liable, in accordance with the law, for abuses which they may commit.”

“The Constitution of the Oriental Republic of Uruguay.” Refworld. Accessed June 27, 2023. https://www.refworld.org/docid/3ae6b5600.html

The Constitution of Uzbekistan, adopted in 1992, protects freedom of thought, speech, and convictions in Article 33. Prior to their independence from the Soviet Union, however, citizens of Uzbekistan were able to enjoy some freedom of expression as a result of Mikhail Gorbachev’s glasnost (“openness”) and perestroika (“restructuring”) policies of the 1980s.

“Constitution of the Republic of Uzbekistan.” Constitution of the Republic of Uzbekistan. Accessed June 28, 2023. https://constitution.uz/en/clause/index#section7 “Revelations from the Russian Archives - Internal Workings of the Soviet Union.” Library of Congress. Accessed June 28, 2023. https://www.loc.gov/exhibits/archives/intn.html

Article 5(1)(g) of Vanuatu’s constitution was the first legal document to recognize freedom of expression as a fundamental right of the country’s citizens. The body of laws was adopted in 1980, shortly after gaining independence from France.

“Laws of the Republic of Vanuatu.” Government of Vanuatu. Accessed June 27, 2023. https://www.gov.vu/images/legislation/constitution-en.pdf

Article 181 of the Constitution of the Federal States of Venezuela, adopted in 1811, was the first document in the country’s history to mention freedom of expression through print. However, Article 4 of the country’s 1819 constitution was the first to guarantee the right to express using all mediums, except in cases where it interfered with “public tranquility, good customs, life, honor, esteem, and individual property.”

“Constitución Federal de 1811.” Biblioteca Virtual Miguel de Cervantes. Accessed June 27, 2023. https://www.cervantesvirtual.com/obra-visor/constitucion-federal-de-los-estados-de-venezuela-21-de-diciembre-1811/html/86de8dbc-4b14-4131-a616-9a65e65e856a_2.html “Constitución - 1819.” Instituto Geográfico de Venezuela Simón Bolívar. Accessed June 27, 2023. https://web.archive.org/web/20171201034609/http://www.igvsb.gob.ve/marco_legal/upload/archivos/CONSTITUCION%201819.pdf

In 1946, the Democratic Republic of Vietnam adopted a constitution which became the country’s first legal document to enshrine freedom of speech into law. Article 10(i) specifically protected this right for Vietnamese citizens.

“Vietnamese Constitution 1946.” Bloomsbury Professional. Accessed June 27, 2023. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf

Article 26 of the Yemeni constitution guarantees freedom of thought and free expression of opinions. The document was adopted in 1991, when South Yemen and the Yemen Arab Republic united.

“Constitution of Yemen.” University of Minnesota Human Rights Library. Accessed June 27. http://hrlibrary.umn.edu/research/yemen-constitution.html

Freedom of expression was first legally protected in Zambia under its 1964 constitution. Article 22 of the document defines and guarantees this right, while stating that limitations can be enforced based on public interests, protection of the rights of others, and more. “The Constitution of Zambia.” Citizenship Rights Africa. Accessed June 27, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2020/06/Zambia-Constitution-1964.pdf

Zimbabwe’s constitution of 1980 is the first document in the country’s history to protect freedom of expression. Section 20 goes into specific detail about this right, and codifies some exceptions related to public interests and protections.

“Zimbabwe Constitution 1980 up to 17th Amendment.” Zimbabwe Legal Resources Website. Accessed June 27, 2023. https://www.law.co.zw/download/zimbabwe-constitution-1980-up-to-17th-amendment/

Article 32 of the 1964 Constitution articulated protections of Freedom of Assembly and Freedom of Association. With reference to freedom of assembly, it stated: "Afghan citizens have the right to assemble unarmed, without prior permission of the State, for the achievement of legitimate and peaceful purposes, in accordance with the provisions of the law." With reference to freedom of association, it stated: "Afghan citizens have the right to establish, in accordance with the provisions of the law, associations for the realisation of material or spiritual purposes."

Freedom of association is mentioned in the Afghanistan constitution of 2004 under Chapter II article 35. However, according to a US State Department 2022 report, the Taliban has restricted freedom of association and assembly and does not respect the constitution.

References:

1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en

US State Department Afghanistan 2022 Human Rights Report: https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf

Article 199 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of association "in conformity with the law." Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (“The Albanian Constitution of 1976").

Freedom of Association is also asserted in the Albanian Constitution of 1998, in Chapter III, Article 46.

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

1976 Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf

1998 Albania Constitution: https://www.constituteproject.org/constitution/Albania_2012

Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1963).

References:

“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

Freedom of association is guaranteed in the Constitution of the Principality of Andorra of 1993 in Chapter III, Article 17.

References:

1993 Andorra Constitution: https://www.constituteproject.org/constitution/Andorra_1993#s101

Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association." Freedom of assembly in Angola is asserted in the 1992 Angolan constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." The 2010 constitution of Angola guarantees freedom of association in Chapter II, section I, article 48

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010

Freedom of association is asserted in Chapter II, article 13(1) of the Antigua and Barbuda Constitution of 1981.

References:

The 1981 Constitution of Antigua and Barbuda: https://www.legislation.gov.uk/uksi/1981/1106/pdfs/uksi_19811106_en.pdf

The first assertion of the freedom of association of Argentina can be found in Part I, Chapter 1, Article 14 of the Constitution of the Argentine Nation of 1853. The 1853 Constitution as amended to 1957 specifies association rights with reference to labor unions and trade unions. This language remains in the Constitution as amended to 1994.

References:

1853 Argentina Constitution:French translation of the original Constitution of 1853 780 (2010) Chapter I: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0007&id=2&men_tab=srchresults

1853 Argentina Constitution as amended to 1957: English text of the Constitution of 1853 consolidated as amended to 1957. 3 (2011) First Part: Declarations, Rights, and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0015&id=7&men_tab=srchresults#

Argentina Constitution as of 1994: http://www.biblioteca.jus.gov.ar/Argentina-Constitution.pdf

Freedom of association is asserted in Article 25 of the 1995 Constitution of the Republic of Armenia:

"Everyone has the right to form associations with other persons, including the right to form or join trade unions. Every citizen is entitled to form political parties with other citizens and join such parties. These rights may be restricted for persons belonging to the armed forces and law enforcement organizations. No one shall be forced to join a political party or association."

References:

1995 Constitution of the Republic of Armenia: http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

The right to association is mentioned in the ICCPR article 22. Australia ratified this treaty in 1980. In the Australian constitution there is no free-standing right to association.

References:

Australian Law Reform Commission, "Traditional Rights and Freedoms - Encroachments by Commonwealth Laws", ALRC, Sydney (2014), ch. 4: https://www.alrc.gov.au/wp-content/uploads/2019/08/ip46_ch_4._freedom_of_association.pdf

Australian Human Rights Commission, "Freedom of Association: https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-association

Freedom of association was articulated in Article 12 of Austria's “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” in 1867. According to a report on human rights practices from the US State Department, "The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights." Austria ratified the ILO "Freedom of Association and Protection of the Right to Organise Convention" in 1950.

References:

1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html

US State Department Report on Human Rights Practices in Austria: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/austria/

1950 International Labor Organization Convention: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312232

The first assertion of freedom of association in the 1995 constitution of the Azerbaijan Republic is mentioned under Chapter III Article 58 section I through IV.

References:

Constitution Of The Azerbaijan Republic, as amended on August 24, 2002: https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf

Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.

According to Article 24(1) of the 1973 Bahamas Constitution "Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties, or to form or belong to trade unions or other association for the protection of his interests." Article 24(2) describes potential grounds or conditions for exception to this right: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision- (a) which is reasonably required- (i) in the interest of defence, public safety, public order, public morality or public health; or (ii) for the purpose of protecting the rights and freedoms of other persons; or (b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

References:

1973 Bahamas Constitution: https://www.bahamas.gov.bs/wps/wcm/connect/04fb4632-1bd7-414f-b66e-9c499b382480/Chap+3+Protection+rights+and+freedoms.pdf?MOD=AJPERES

The first assertion of freedom of association in the 1973 Constitution of the State of Bahrain that was ratified May 26th is mentioned under chapter III, article 27: "Freedom to form associations and trade unions on a national basis and for lawful objectives and by peaceful means shall be guaranteed in accordance with the conditions and procedures prescribed by the law. No one shall be compelled to join or remain in any association or union."

One finds similar language in Article 27 of the 2002 Constitution with amendments through 2017: "The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. No one can be forced to join any association or union or to continue as a member."

References:

“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html

Bahrain 2002 (Rev. 2017) Constitution.” Constitute: https://www.constituteproject.org/constitution/Bahrain_2017?lang=en.

Article 38 of the 1972 Bangladesh Constitution asserts: "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order."

References:

1972 Bangladesh Constitution: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf

Article 21 of the 1966 Barbados Constitution held: "1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision - a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or c. that imposes restrictions upon public officers or members of a disciplined force."

References:

1966 Barbados Constitution: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html

The first assertion of freedom of association in the Republic of Belarus is mentioned in the Belarus constitution of 1994, ratified March 15 on section II, article 36. The constitution was amended through a referendum November 26th, 1996. Article 36 remains the same.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Article 25 of the 27 October 1830 Draft Constitution of Belgium asserted the right to association.

The 1831 Constitution of Belgium, ratified February 7th, asserted the right to freedom of association in Article 20. In the current constitution freedom of association is found in Article 27.

References:

English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults

1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831

English translation of the Belgian Constitution as updated following the revision of 17 March 2021: https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf

The first assertion of freedom of association in Belize is mentioned in the Belize Constitution of 1982 under Part II, Article 13. Section one articulated the right: "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations." Section two articulated exceptions and limitations: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision- that is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or that is required to prohibit any association the membership of which is restricted on grounds of race or colour."

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of association, though in the context of respecting public order.

Freedom of association in the Republic of Benin was also guaranteed in the Constitution of Benin that was adopted at the referendum on December 2nd, 1990 under Title II, article 25

References:

"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#

1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf

Freedom of association is asserted in the Constitution of Bhutan of 2008, enacted July 18th under Article 7(12): "A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association."

References:

Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008

Article 6d of the 1938 Bolivian Republican Constitution listed a number of "fundamental rights" enjoyed by all. Among these rights was the right "To meet and associate for any purpose, which is not contrary to the security of the state...."

Freedom of association of Bolivia is described in the Constitution of 2009 of the Plurinational State of Bolivia under Chapter III, Section I, Article 21 (4)

References:

1938 Bolivian Republican Constitution: English text of the Constitution of 1938 376 (2010) Section II: Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Pagecollection=cow&handle=hein.cow/zzbo0010&id=2&men_tab=srchresults

“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009

Freedom of association in Bosnia and Herzegovina is guaranteed in the Constitution of the Federation of Bosnia and Herzegovina of 1995 under Chapter II, Article 2, Section 3(i)

References:

https://advokat-prnjavorac.com/legislation/constitution_fbih.pdf

According to Article 13 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers; or (d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

References:

1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana

According to Thiago Luís Santos Sombra the right to freedom of association in Brazil dates to 1891: "The freedom of association is, thus, an extension of private autonomy and, although it was only included in the Brazilian legal order as a constitutional guarantee in the 1891 Constitution (art. 72), it represents a social phenomenon that precedes the Declarations of Rights and the Constitutions of the 19th Century."

Brazil’s current constitution (1988) has exceptionally detailed freedom of association provisions. Title II-I-5 states that:

• there is total freedom of association for lawful purposes, but any paramilitary association is prohibited;

• creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations;

• associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision;

• no one can be compelled to join an association or to remain in one;

• when expressly authorized, associations have standing to represent their members judicially and extrajudicially

References:

Sombra, Thiago Luís Santos, "Representation and Deliberation: Does Every Vote Have The Same Influence In The Voting Process Of Associations?" Thurgood Marshall Law Review n. 41, issue 2, December 2015

“Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf.

According to the US Department of State in 2021, "The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labor, and cultural organizations, to register with the Registrar of Societies and provide regular reports on membership and finances."

References:

2021 Country Reports on Human Rights Practices: Brunei: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/brunei/

Article 83 of the 1879 Constitution of the Principality of Bulgaria states: "Bulgaria subjects have the right of forming associations without any previous authorization, on condition that the object in view of, and the means employed by, these assoclatIons be not prejudicial to public order, religion, or good morals."

After independence, Article 83 of the revised version of the 1879 Constitution as amended to 1911 continued to guarantee freedom of association using very similar language.

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XIV: The Ordinary National Assembly: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults

1879 Constitution as amended to 1911 : English text of the Constitution of 1879, as amended to 1911 95 (2010) Section 10: The Right of Petition: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0005&id=8&men_tab=srchresults

According to Article 7 of the 1959 Constitution of Upper Volta, "The political parties and groups participate in the expression of suffrage. They form themselves and exercise their activities freely within respect for the democratic principles and of the sovereignty of the State."

Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order"

According to Article 21 of the 1991 Constitution of Burkina Faso, as revised in 2015, "The freedom of association is guaranteed. Every person has the right to constitute associations and to participate freely in the activities of the associations created. The functioning of the associations must conform to the laws and regulations in force. The syndical freedom is guaranteed. The unions exercise their activities without constraint and without limitation other than those specified by the law."

References:

English Translation of the French Official Original Text of the Constitution of 1959 3-4 (2021) Title I: Of the State and of Sovereignty: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbf0033&id=3&collection=cow&index=

1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults

1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015

In the 1962 Constitution of Burundi, Article 18 provides for freedom of association: "All Barundi have the right of association and of assembly, except in regard to associations or assemblies which are illegal or contrary to morals."

References:

English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults

Article 10 of the 1947 Constitution states: "All Cambodians have a right to associate freely, unless their association endangers or tends to endanger the liberties guaranteed by the present Constitution. They are also granted liberty of meeting."

According to Article 42 of the 1993 Constitution, "Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order."

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of association): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of association specifically.

Freedom of association is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law"

References:

1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

Chapter 345 Section 5 of Saskatchewan’s Bill of Rights (1947)states that “every person and every class of persons shall enjoy the right to peaceable assembly with others and to form with others associations of any character under the law.”

Part 1 of the Canadian Bill of Rights (1960) lists “freedom of assembly and association” as a guaranteed right. This was an ordinary act of parliament, and it has been replaced by the Canadian Charter of Rights and Freedoms, an amendment to the Canadian Constitution.

References:

1947 Saskatchewan Bill of Rights Act: https://www.canlii.org/en/sk/laws/astat/ss-1947-c-35/latest/ss-1947-c-35.html

1960 Canadian Bill of Rights: https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html

Article 51 of the 1980 Cape Verde Constitution articulated the right to freedom of association.

References:

Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992

Article 12 of the 1994 Constitution stated: "Every citizen has the right to freely constitute associations, groups, societies, and establishments of public utility under reservation of conformity to laws and regulations. The associations, groups, societies and establishments, of which the activities are contrary to public order as well and the unity and the cohesion of the Central African people, are prohibited."

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."

Freedom of Association continued to be protected under Article 28 of the 2018 Constitution of Chad: "The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all. They can only be limited in respect of the freedoms and rights of others and by the imperative to safeguard the public order and good mores. The law determines the conditions of their exercise."

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en

Article 12.6 of the Chile Constitution of 1833, as amended to 1865 protected freedom of association.

References:

Chile Constitution of 1833, as amended to 1865: Spanish text of the Constitution of 1833 as amended to 1865. 69 (2016) Chapter V: Public Law of Chile https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0286&id=3&men_tab=srchresults#

Chapter 2-4 of the Provisional Constitution of the Republic of China (1912) stated that “citizens shall have the freedom of speech, of composition, of publication, of assembly and of association.”

Under the current government of China, Article 35 of the 2018 Constitution of the People’s Republic of China states: “Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.”

References:

1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

Article 5(8) of the 1853 Constitution of New Grenada offered a broad discussion of the freedom of assembly, including the right to unarmed assembly for the purpose: "to discuss any matters of public or private interest, and to express freely and without responsibility opinions upon the same." Article 56(11) of the 1858 Constitution of the Grenadine Federation guaranteed: "Freedom of unarmed association with such restrictions as the law may establish".

According to Article 38 of the 1991 Colombia Constitution: The right of free association for the promotion of various activities that individuals pursue in society is guaranteed."

References:

1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults

1858 Constitution of the Grenadine Federation: English translation of the Spanish original text of the Constitution of 1858 240 (2009) Title V: Rights of Individuals

1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015

Article 21 of the 2018 Comoros Constitution asserts: "The freedom of thought and of expression, of association, of intellectual, artistic or cultural creation, of protest and the other freedoms consecrated by the Constitution, the laws and by the international law received within the juridical internal order, are guaranteed."

According to Article 28 of the 1964 Constitution of the Democratic Republic of the Congo, citizens have the right to freedom of association. They also have the right to strike, and this entails the responsibility of the government to ensure that "vital public services or services of public interest" continue even during a strike. However, Article 29 forbids police officers, members of the military, and the Gendarmerie from striking and from joining trade unions or other political associations.

References:

1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights

According to Article 10 of the 1963 Constitution of the Republic of the Congo, "Freedom of association is guaranteed to all under the conditions established by law. Meetings or groups whose purpose or activity would be illegal or contrary to public order shall be prohibited."

1963 Constitution of the Republic of the Congo: English translation of the French original text of the Constitution of Constitution of the Republic of the Congo (Brazzaville), December 8, 1963. 87 (2016) Title II: Public Liberties and Liberties of the Human Person: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcg0022&id=2&men_tab=srchresults

According to Article 25 of the 1949 Constitution, "The inhabitants of the Republic have the right of association for lawful purposes. No one may be compelled to form a part of any association whatsoever."

http://hrlibrary.umn.edu/research/costarica-constitution.html

Article 43 of the 1991 Croatia Constitution states: "Everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. For this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law. The exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the Republic of Croatia."

https://www.constituteproject.org/constitution/Croatia_2013?lang=en

Article 54 of the 1976 Cuba Constitution states: "The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people, [rights] to which they have the necessary ability (los medios necesarios) to exercise. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism."

https://constituteproject.org/constitution/Cuba_2002

Article 21, Section 2 of the 1960 Cyprus Constitution states: "Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.". There are limitations to this right in Article 21, Section 3-4: "No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person, whether or not such person participates in such assembly or is a member of such association. Any association the object or activities of which are contrary to the constitutional order is prohibited."

https://www.constituteproject.org/constitution/Cyprus_2013?lang=en

Article 20, section 1 of the 1992 Czechoslovakia Charter of Fundamental Rights and Freedoms guaranteed freedom of association. Section 3 of that same article described some limitations to this freedom: "The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others."

CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf

According to Article 87 of the Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: "The citizens shall have the right, without previous authorization, to form associations for any lawful purpose. No association shall be dissolved by an order of the government. However, associations may be forbidden temporarily, but in such cases an action shall immediately be brought for the dissolution of such associations."

References:

Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 279 (1866) VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdk0009&id=13&men_tab=srchresults

Article 15 of the 1992 Constitution of the Republic of Djibouti guarantees both freedom of association and the right to strike.

References:

1992 Constitution of the Republic of Djibouti: "Title I: Of the State and Of Sovereignty," Constitution of the Republic of Djibouti, 15 September 1992 : 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdj0005&id=3&men_tab=srchresults

Article 11 of the 1978 Constitution of the Commonwealth of Dominica guarantees freedom of association, including trade union membership.

References:

1978 Constitution of the Commonwealth of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdm0004&id=17&men_tab=srchresults

Article 30 of the 1844 Constitution of the Dominican Republic guarantees freedom of association.

References:

1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 57 (2012) Chapter I: Of Sovereignty https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0015&id=5&men_tab=srchresults

The first assertion of freedom of association in East Timor comes in its Constitution, ratified on May 20, 2002. The right is found in Part II, Title II, Section 43 (“Constitution of the Democratic Republic of Timor-Leste”, 2002). Section 43 states: "1. Everyone is guaranteed freedom of association provided that the association is not intended to promote violence and is in accordance with the law. 2. No one shall be compelled to join an association or to remain in it against his or her will. 3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that promote terrorism, shall be prohibited."

Also relevant to freedom of association is the defense of freedom of assembly in Section 42 of the 2002 East Timor Constitution:

"1. Everyone is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation. 2. Everyone is recognised the right to demonstrate in accordance with the law."

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

Elements of freedom of association in Ecuador can be found in the Constitution of 1869, ratified on August 11. The right comes in Title XI, Article 109: "Equatorians have the right to assemble without arms, provided they respect religon, morality, and public order."

Article 24 of the 1897 Constitution of Ecuador was more explicit about freedom of association: "There shall be liberty of meeting and association, without arms, for purposes not prohibited by the laws."

The current Constitution, ratified in 2008, asserts the right in Article 66 (“Ecuador 2008 (rev. 2021) Constitution”, 2021).

References:

1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults

1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults

2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.

The first known assertion of the right to association in Egypt was in the Royal Decree No. 42 of 1923, which established a Constitutional system of government in monarchical Egypt. The right is established in Part II, Article 21 (“Royal Decree No. 42 of 1923”, 1923).

References:

1923. Royal Decree No. 42 of 1923. https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf.

Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador discusses a right relevant to freedom of association - freedom of assembly: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."

The first assertion of the right to association in El Salvador was the Constitution of 1872, ratified November 9th. The right is located in Title III, Article 42 (“Constitución Política de la República de El Salvador de 1872”, 1872).

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222

“Constitución Política de La República de El Salvador de 1872.” 1872. Biblioteca Virtual Miguel de Cervantes. November 9. https://www.cervantesvirtual.com/obra-visor/constitucion-politica-de-la-republica-de-el-salvador-de-1872/html/04982632-e83f-491a-873b-3bbf5d5fb62f_2.html.

The first assertion of the right to association in Equatorial Guinea was in their first constitution, ratified on October 12, 1968. The right is established in Chapter 1, Article 3 (“Constitution of Equatorial Guinea (1968)”, 2023).

“Constitution of Equatorial Guinea (1968).” 2023. Wikisource. Wikimedia Foundation, Inc. June 27. https://en.wikisource.org/wiki/Constitution_of_Equatorial_Guinea_(1968).

The first assertion of the right to freedom of association in Eritrea is in the Constitution ratified on May 23, 1997. The right is located in Chapter 1, Article 19 (“Eritrea 1997 Constitution”, 1997).

“Eritrea 1997 Constitution.” 1997. Constitute. May 23. https://www.constituteproject.org/constitution/Eritrea_1997?lang=en.

The first assertion of a right to association in Estonia is in the Estonian Declaration of Independence, written on February 23, 1918. The right is asserted as the third of the numbered principles in the Declaration. (“Estonian Declaration of Independence”, 1918)

“Estonian Declaration of Independence.” 1918. Declaration Project. February 23. https://declarationproject.org/?p=1725.

The Constitution of Eswatini, ratified October 4, 2004, was the first official document to protect association. The right is protected under Chapter III, Article 25 (“Eswatini 2005 Constitution”, 2004).

“Eswatini 2005 Constitution.” 2004. Constitute. October 4. https://www.constituteproject.org/constitution/Swaziland_2005?lang=en.

The first assertion of the right to association in Ethiopia was in the 1955 revised Constitution, ratified on 24 Tekempt in the Ethiopian Calender, which is November 3rd. The assertion of the right is located in chapter 1, article 47 (“1955 revised constitution of Ethiopia”, 1948). “1955 Revised Constitution of Ethiopia.” 1948. European Legal Brief. November 3. https://chilot.files.wordpress.com/2011/04/1955-revised-constitution-of-ethiopia1.pdf.

The first assertion of association is in Fiji’s first constitution, going into effect October 10, 1970. The right is found in Chapter II, Article 13 (“Fiji Independence Order 1970 and Constitution of Fiji, 1970).

References:

1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf

The Finnish right to association was first enshrined on July 17th, 1919 in the Constitution Act of Finland. The right is found in Section 10a. (“Constitution Act of Finland”, 1919).

“Constitution Act of Finland.” 1919. Refworld. July 17. https://www.refworld.org/docid/3ae6b53418.html.

Title I of the French Constitution of 1791 guarantees the right of peaceful assembly. “Liberty to citizens to assemble peaceably and without arms in accordance with police regulations.”

Though the French Constitution of 1791 protected the right to assemble, French revolutionaries considered explicitly excluding free association (Boyd 257). The French enacted a law protecting free association in 1901, and enshrined it in their constitution in 1971 (Boyd 2008, 237).

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

Gabon asserted their right to association first in their 1963 Constitution, ratified May 31. The right is found in Title 1, Article 8 (“CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE”, 1963)

“CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE.” 1963. Wix.Com. May 31. https://support.wix.com/en/article/wix-editor-staticwixstaticcommedia-appears-in-url-of-wix-images.

The first assertion of the freedom for association in Gambia was in their Constitution within their Independence Order of 1965, ratified February 18th. The independence order was submitted to Great Britain, and the right to association was included in Section 3, Chapter II, Article 11 (“The Gambia Independence Order 1965”, 1965).

1965. The Gambia Independence Order 1965. February 18. https://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf.

Georgia proclaimed the right to association in the 1995 constitution, ratified on November 6th. The right is located in Chapter II, Article 22 (Georgia 1995 (rev. 2018) Constitution, 1992).

“Georgia 1995 (Rev. 2018) Constitution.” 1992. Constitute. November 6. https://www.constituteproject.org/constitution/Georgia_2018?lang=en.

Article 7 of the of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of association.

The right to free association for the German state was later asserted in the 11 August 1919 Constitution of the German Reich (The Weimar Constitution), ratified on August 11, 1919. The right can be found in Chapter II, Section II, Article 124. Article 124 states: "All the Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfähigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-politica! or religious."

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 213: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Ghana first asserts their right to freedom of association in their 1979 constitution, ratified on September 24th. The right is found in Chapter Six, Article 29 (“Constitution of the third republic of Ghana”, 1979).

1979. Constitution of the Third Republic of Ghana. September 24. https://constitutionnet.org/sites/default/files/constitution_of_the_third_republic_of_ghana.pdf.

The Greek Constitution of 1927 established the right to association, being ratified on June 3. The right to association is found in Chapter III, Article 14 (“Constitution of Greece (1927)”, 2022).

“Constitution of Greece (1927).” 2022. Wikisource, the Free Online Library. Wikimedia Foundation, Inc. May 16. https://en.wikisource.org/wiki/Constitution_of_Greece_(1927)

The first assertion of the right to association in Grenada was in the Constitutional Order of 1973, ratified on October 12th. The right can be found in Chapter I, Article 1, Point B (“Grenada Constitution of 1973”, 1973).

1973. Grenada Constitution of 1973. December 19. https://constitutionnet.org/sites/default/files/Grenada%20Constitution.pdf.

The first assertion of the right to associate in Guatemala is located in the Constitutive Law of 1879, which was the Constitutive order issued on December 11. The right is found in Title II, Article 25 (“Constitutions 1830-1900 Reform”, 2015).

“Constitutions 1830-1900 Reform.” 2015. Internet Archive: Wayback Machine. May 5. https://web.archive.org/web/20150505003356/http://www.minex.gob.gt/ADMINPORTAL/Data/DOC/20100930181643120Consti1830-1900reform.ydcretos.pdf.

The first assertion of the right to associate in Guinea was in their 1958 Constitution, ratified on November 10th. The right is asserted in Title X, Section 40 (Maury, “République de Guinée, Constitution du 10 Novembre 1958”, 1958).

Maury, Jean-Pierre. 1958. “République de Guinée, Constitution Du 10 Novembre 1958.” République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.

Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

The first assertion of the right to freedom of association in Guyana is in the 1966 Constitution, ratified on May 16th. The right is found in Chapter II, Article 13 (“National Assembly of the Parliament of Guyana”, 1966).

1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.

The first assertion of the right to associate in Haiti is in the Constitution of 1843, ratified on December 30th. The right is found in Title III, Article 34 (Maury, “Haiti: Constitution du 30 Décembre 1843”, 1843). The Constitution of 1807 makes mention in Title X, Article 30 that “No association…which intends to disturb the public order shall be tolerated in Haiti”, insinuating a right to association that does not disturb the public order, but it does not outright assert the positive right to associate (“The 1807 Constitution of Haiti”, 1807).

Maury, Jean-Pierre. 1843. “Haiti: Constitution Du 30 Décembre 1843.” Haïti, Constitution de 1843, Digithèque MJP. December 30. https://mjp.univ-perp.fr/constit/ht1843.htm.

“The 1807 Constitution of Haiti.” 1807. Haiti: 1807 Constitution. February 17. https://web.archive.org/web/20060419010800/http://www.webster.edu/~corbetre/haiti/history/earlyhaiti/1807-const.htm.

The first assertion of the right to associate in Honduras was in their Constitution of 1880. The right is located in Chapter Two, Article 9, Number 5 (“Constitución de Honduras de 1880”, 1880).

“Constitución de Honduras de 1880.” 1880. Biblioteca Virtual Miguel de Cervantes. Biblioteca Virtual Miguel de Cervantes. November 1. https://www.cervantesvirtual.com/obra-visor/constitucion-de-honduras-de-1880/html/44ec3699-d923-4453-8da4-3f3ab7f0fe36_2.html#I_0_.

The first assertion of the right of association in Hungary is the 1949 Constitution, ratified on August 20. The right is found in Chapter 8, Article 56 (“1949 Hungarian Constitution”, 1949).

1949. 1949 Hungarian Constitution. August 20. https://lapa.princeton.edu/hosteddocs/hungary/1949%20Hungarian%20constitution.pdf.

The first assertion of the right of association in Iceland is in their 1944 Constitution, ratified on June 17, 1944. The right was asserted in Chapter VII, Article 74 (“Constitution of the Republic of Iceland”, 1944).

1944. Constitution of the Republic of Iceland. June 17. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf.

The following is from Gandhi’s “Liberty of the Press” from 12 January 1922:

“Freedom of association is truly respected when assemblies of people can discuss even revolutionary projects, the State relying upon the force of public opinion and the civil police, not the savage military at its disposal, to crush any actual outbreak of revolution that is designed to confound public opinion and the State representing it…. The fight for swaraj means a fight for this threefold freedom before all else."

Part III Article 19 of the Indian Constitution (1950) grants citizens the right to “form associations or unions” (Dalton).

The Indonesian right of association is first asserted in their 1945 Constitution, ratified on August 18. The right was asserted in Chapter XA, Article 28E (“The 1945 constitution of the Republic of Indonesia”, 1945).

1945. The 1945 Constitution of the Republic of Indonesia. August 18. https://jdih.bapeten.go.id/unggah/dokumen/peraturan/116-full.pdf.

Article 21 of the Supplementary Constitutional Law of 7 October 1907 states the following:"Societies and associations which do not provoke religious or civil strife are free throughout the realm; but their members must be unarmed and must obey the regulations which the law on this subject shall lay down. Meetings in the high roads or public squares must be held in accordance with the laws of the police."

Under Article 26 of the Constitution of the Islamic Republic of Iran (1979), “The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them” (constituteproject.org).

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iran_1989.

Article 12 of Iraq’s 1925 Constitution protected freedom of association: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.

Freedom of association is protected in two different sections of the Iraqi Constitution of 2005. Article 22 Section 3 states that: “The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law” while Article 39 Section 1 states that: “The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law” (constituteproject.org).

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005.

Freedom of association is conditionally protected “personal liberty” under Article 40, Section 6, Subsection 1.iii of the 1937 Irish Constitution which states that “The right of the citizens to form associations and unions [is a guaranteed liberty]. Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right” (constituteproject.org).

“Ireland 1937 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Ireland_2019.

While freedom of association is not explicitly outlined in the Israeli Constitution, the addendum Basic Law: Human Dignity and Liberty of 1992 outlines the fundamental freedoms of life, dignity, and protection afforded to all people (Basic Law: Human Dignity and Liberty, 1992).

"[Basic Law: Human Dignity and Liberty]," [Basic Law: Human Dignity and Liberty] (1992): 150-150

Part 1 Title 1 Article 18 of the Italian Constitution (1947) states that:

• “Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.”

• “Secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden.”

The 1960 Constitution of the First Republic of the Côte D’Ivoire openly states its adherence to “the principles of Democracy and of the Rights of Man, as they have been identified by the Declaration of the Rights of Man and of the Citizen of 1789…” (World Constitutions Illustrated). But, it makes no explicit reference to the right of free association until the 2016 Constitution of the Third Republic— Article 20 states that “Freedoms of association, assembly and peaceful demonstration are guaranteed by law” (constituteproject.org).

“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016. "Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4

Freedom of association has been a protected right since the ratification of the first Constitution of 1962. Chapter III Article 13b states that “Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: … freedom of conscience, of expression and of peaceful assembly and association…” (World Constitutions Illustrated).

"Chapter III: Fundamental Rights and Freedoms," Constitution of Jamaica : 812-824

Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."

Article 21 of Japan's 1947 Constitution guaranteed freedom of association as well: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Part I Article 18 of the Jordanian Constitution provides the first mention of freedom of association in Jordan: “18. All Transjordanians shall have the right to assemble together and to form associations within the provisions of the law” (World Constitutions Illustrated).

"Part I: Rights of the People," Constitution of Transjordan : 980-981

Freedom of association is protected in several places in the 1993 Constitution of Kazakhstan, but most directly in Chapter 4 Article 16 which states that “Citizens of the Republic shall have the right to form public associations on the basis of free expression of will and community of interests for the implementation of their rights and freedoms”.

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 112

Freedom of association is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 24(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests."

Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of association: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public officers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

The language found in Articles 14(b) and 24(1) of the 1963 Constitutions is repeated exactly in Articles 70 and 80(1) of the the 1969 Constitution. The language from 24(2) of the 1963 Constitution is also repeated in Article 80(2) of the 1969 Constitution, but further points are added to Article 80(2) of the 1969 Constitution.

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1

Kiribati conditionally protects freedom of association under Chapter II Section 13.1-2 in their 1979 Constitution: “1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association… 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—(a) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public employees…” (constituteproject.org).

“Kiribati 1979 (Rev. 2013) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kiribati_2013.

- The first Constitution of Kuwait was ratified in 1962 and reinstated in 1992. Freedom of association is protected in Part III Article 43 which provides that “The liberty of forming societies and unions on a national basis and by peaceful means is guaranteed in conformity with the conditions and the stipulations specified by Law; and no person shall be constrained to join any society or union” (constituteproject.org).

“Kuwait 1962 (Reinst. 1992) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kuwait_1992.

According to Article 8.1 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Political parties, trade unions and other public associations may be organized in the Kyrgyz Republic on the bases of free will and unity or interests. The State shall guarantee the rights and lawful interests of public associations."

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

- The first Constitution of the Lao People’s Democratic Republic protects freedom of association in the preamble which states that “Laos recognizes these as fundamental rights of Laotians: individual freedom, freedom of conscience, freedom of property, freedom to speak, write and publish, freedom to teach, freedom of assembly and association, freedom of profession, equality before the law, security of livelihood” (World Constitutions Illustrated).

“Constitution of Laos 11th May, 1947.” World Constitutions Illustrated, n.d. https://heinonline-org.uc.idm.oclc.org/HOL/Page?handle=hein.cow/bfsprs0149&id=1&collection=cow&index=#.

Legal protection of freedom of association was not added to the Latvian Constitution until 1998, 78 years after its original ratification (constituteproject.org). In this version, Article 102 states that “Everyone has the right to join associations, political parties and other public organisations” (constituteproject.org).

“Latvia 1922 (Reinst. 1991, Rev. 2016) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Latvia_2016.

- Freedom of association is protected under Chapter 1 Article 13 of the 1926 Lebanese Constitution which states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law” (constituteproject.org).

“Lebanon 1926 (Rev. 2004) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lebanon_2004.

The first Constitution of Lesotho, ratified in 1966, conditionally protects freedom of association in Chapter II Article 15.1-2c: “(1) Every person shall be entitled to, and (except with his own assembly and consent) shall not be hindered in his enjoyment of freedom of association that is to say, freedom to assemble and associate with other persons and in particular to form or belong to trade unions and other associations for the protection of his interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons; or (c) for the purpose of imposing restrictions upon public officers” (World Constitutions Illustrated). This Constitution was suspended in 1970, but it is today protected under Article 13 of the 1993 constitution (constituteproject.org).

References:

“Lesotho - Africa.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/countries/Africa/Lesotho.

“Lesotho Independence Order, 1966.” HeinOnline World Constitutions Illustrated. Accessed July 19, 2023. https://heinonline-org.uc.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=234.

The Liberia Constitution of 1825 was written by the American Colonization Society. Article I states that “ALL persons born within the limits of the territory held by the American Colonization Society, in Liberia, in Africa, or removing there to reside, shall be free, and entitled to all such rights and privileges, as are enjoyed by the citizens of the United States” while Article VI further establishes that “The common law, as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the Settlement” (World Constitutions Illustrated).

Article 17 of the 1984 Liberia Constitution states: "All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition the Government or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations."

1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults

"Constitution for the Government of the African Colony at Liberia," Constitution for the Government of the African Colony at Liberia; Plan for the Civil Government of Liberia; Digest of the Laws now in force in the Colony of Liberia, August 19th, 1824 (1825): 5-6

Freedom of association is protected under Article 26 of the 1951 Libyan Constitution: “Freedom of peaceful association shall be guaranteed, and the exercise thereof shall be regulated by law. Secret societies and associations that aim to achieve political goals through organizations of a military character are prohibited” (World Constitutions Illustrated).

"Constitution of the Kingdom of Libya of 1951," [Constitution of the Kingdom of Libya of 1951] (1951): 1-26

- The Constitution of 1848 of Liechtenstein guarantees freedom of association in Part III Section 51: “The Constitution guarantees the free right of association for peaceful discussions of state and community affairs, which everyone is free to attend” (World Constitutions Illustrated).

"Part III: The People and Their Rights," Entwurf: Einer Verfassung fur das Furstenthum Liechtenstein vom 1. Oktober 1848 (1848): 6-8

- Lithuania’s 1992 Constitution protects freedom of association under Chapter II Article 35 which states that: “Citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the Constitution and laws. No one may be compelled to belong to any society, political party, or association” (constituteproject.org).

“Lithuania 1992 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lithuania_2019.

Chapter I Article 26 of the 1868 Constitution of Luxembourg states that: “The Constitution guarantees the right of association, in compliance with the laws that govern the exercise of this right without having to be submitted to a prior authorization” (constituteproject.org).

“Luxembourg 1868 (Rev. 2009) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Luxembourg_2009.

The 1992 Constitution of Madagascar was a democratic document that gave citizens the right to freedom of association. Article 10 of the Constitution states that freedom of association, among other rights, is guaranteed to all and may only be limited in the circumstances outlined (“Madagascar: Constitution”).

“Madagascar: Constitution” 1992. Refworld https://www.refworld.org/docid/3ae6b5a98.html

The 1964 Malawi Constitution guaranteed freedom of association in Article 11(b) and in Article 21(1). According to Article 21(1): "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests."

Adopted on May 16, 1994, the Constitution of Malawi asserts the right to freedom of association to all citizens in the country’s legal code. Article 32 states that “[e]very person shall have the right to freedom of association, which shall include the freedom to form associations” and “[n]o person maybe be compelled to belong to an association” (Malawi 1994, 16).

References:

1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

Malawi. "Malawi's Constitution of 1994 with Amendments through 1999." Constitute Project. 1994. https://faolex.fao.org/docs/pdf/mlw136089.pdf.

The 1957 Federal Constitution of Malaysia is the first piece of legal documentation that assured the right to freedom of association in Malaysia after it gained complete independence from British rule. The document declares that “all citizens have the right to form associations” in Section 1C of article 10 concerning the right to freedom of speech, assembly, and association (Malaysia 1957). Article 10, Section 2C states that " "Parliament may by law impose ... on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality." Article 10 Section 3 states: "Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education."

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

The first Constitution of the Maldives, created in 1932, protected several civil and political rights, including the freedom to join or form associations and societies in Article 17. The Constitution proved to be short lived, being quite unpopular, and was amended in 1934 and later completely replaced in 1942. The Maldives eventually transitioned from a monarchy to a republic, and the current constitution provides greater protection of the right (Nazeer 2022, 125). Article 16 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 states: "There shall be freedom to form societies and associations as long as they do not contravene provisions specifically laid down in the law."

References:

Nazeer, Ahmed. "The Maldives: From Dictatorship to Constitutional Democracy and the Quest for Consolidation ." University of Portsmouth, 2022.

1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#

Mali: Mali’s 1974 Constitution protects the right of its citizens to form unions and associations to protect their professional interests under Article 13 (“Journal Officiel De La République Du Mali” 1974, 2). The freedom to form all associations is found in Mali’s current 1992 constitution under Article 5 (Mali 1992).

“Journal Officiel De La République Du Mali” 1974. https://sgg-mali.ml/JO/1974/mali-jo-1974-440.pdf Mali 1992. “Mali 1992 Constitution” Constitute https://www.constituteproject.org/constitution/Mali_1992

Achieving its independence as the State of Malta in September of 1964, the country adopted a constitution that included a provision guaranteeing its citizens the right to freedom of association. Article 32 of Chapter IV of the 1964 constitution states that every person in Malta is entitled to the freedom of “peaceful assembly and association” (Mali 1964).

Mali. “Mali 1964 (rev. 2016) Constitution.” Constitute 1964 https://www.constituteproject.org/constitution/Malta_2016

Written before they gained formal independence in 1986, the 1979 Constitution of the Marshall Islands ensures freedom of association to every person. The right to freedom of association is included in the Bill or Rights found under Section 1 of Article II of the Constitution (Marshall Islands 1979)

Marshall Islands. “Marshall Islands 1979 (rev. 1995) Constitution.” Constitute 1979 https://www.constituteproject.org/constitution/Marshall_Islands_1995

The country’s 1964 Law of Associations acknowledges the existence of associations within Mauritania’s legal code, though it requires them to be registered and authorized by the government. It “gives the Ministry of Interior far-reaching powers to refuse such permission on vague grounds” (MENA Rights Groups 2021). Mauritania’s original constitution, adopted in 1961, affirmed the country’s commitment to the Declaration of the Rights of Man and of the Citizen (1789) which discusses political associations, but does not explicitly state its commitment to the right (Mauritanie 1961).

Mauritanie. “Constitution du 20 mai 1961” Digithéque MJP 1961 https://mjp.univ-perp.fr/constit/mr1961.htm MENA Rights Groups. “Mauritania’s human rights record examined by UN Member States” MENA Rights 2021 https://menarights.org/en/articles/mauritanias-human-rights-record-examined-un-member-

The Constitution of Mauritius, adopted in 1968 after the country’s independence, protects the right to association. This provision is found in section 3 “Fundamental rights and freedoms of an individual” under Chapter II of the Constitution. (Mauritius 1968)

Mauritius. “Mauritius 1968 (rev. 2016) Constitution” Constitute 1968 https://www.constituteproject.org/constitution/Mauritius_2016

The Federal Constitution of the United Mexican States, put in place after the end of the dictatorship of Antonio López de Santa Anna in 1857, greatly expanded human rights in the country. Though it does not explicitly mention association, it refers to related rights. Section 1, Article 9 states, “No one shall be deprived of the right peaceably to assemble or to come together for any lawful purpose; but only citizens shall be permitted to exercise this right for the purpose of taking part in the political affairs of the country” (“Federal Constitution of the United Mexican States of 1857.” 2023). “Federal Constitution of the United Mexican States of 1857.” 2023. Federal Constitution of the United Mexican States of 1857, World History Commons. Accessed July 14. https://worldhistorycommons.org/federal-constitution-united-mexican-states-1857.

Freedom of association is protected in the Federated States of Micronesia’s Constitution of 1978. Article IV Section 1 states that: “No law may deny or impair freedom of expression, peaceable assembly, association, or petition” (constituteproject.org).

“Micronesia (Federated States of) 1978 (Rev. 1990) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Micronesia_1990.

After its independence from the Soviet Union, Moldova ratified its constitution in 1994 and protected the right to freedom of association. Article 41 of the constitution states that all citizens “shall be free to associate in parties and other socio-political organizations” and outlines the freedom’s restrictions. (Moldova 1994).

Moldova. “Moldova (Republic of) 1994 (rev. 2016)” Constitute 1994 https://www.constituteproject.org/constitution/Moldova_2016

Monaco’s constitution, first adopted in 1911 and then heavily revised in 1962, protects the right to freedom of association in the country. Article 30 states that freedom of association is guaranteed by law, though subject to regulation of law (Monaco 1911).

Monaco. “Constitution of the Principality of Monaco” Council of Europe 1911 https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2013)021-e

Chapter 1, Article 3(i) of the 1924 Constitution of the Mongolian People's Republic states: " With a view to securing for the labouring masses of the people freedom of association, the Mongolian People's Republic affords material and moral assistance to the poorest of the working masses (arats and artisans) for union and organisation."

The right to freedom of association in Mongolia can also be found in the 1940 Constitution of the Mongolian People’s Republic. Article 82 grants citizens the right to “unite in public organizations,” which includes trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical, and scientific societies (Anon 19948. 199). The modren Mongolian state also protects freedom of association in its 1992 Constitution in Article 10 (Mongolia 1992).

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

Anon. Far Eastern Section, “Constitution of the Mongol People's Republic”, 23 Wash. L. Rev. & St. B.J. 181 (1948).

Mongolia. “Mongolia 1992 (rev. 2001)” Constitute 1992 https://www.constituteproject.org/constitution/Mongolia_2001

According to Article 212 of the 1905 Montenegro Constitution: "Citizens have the right to assemble in peace according to the law." Article 213 of the 1905 Constitution augments this point: "Citizens have the right of assembly when it concerns objects which are not contrary to the laws."

After Montenegro’s formal independence and separation from its union with Serbia in 2006, the country adopted a constitution the following year that included an article on freedom of association. The right is granted to all Montenegro citizens in Article 53 (Montenegro 2007). Montenegro’s earlier constitution, adopted after the breakup of Yugoslavia in 1992, includes a provision promoting freedom of association in Article 40 (“Constitution of the Republic of Montenegro” 1992)

1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

“Constitution of the Republic of Montenegro” 1992: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2005)096-e

Montenegro. “Montenegro 2007” Constitute 2007: https://www.constituteproject.org/constitution/Montenegro_2007

The earliest assertion of the rights to freedom of association in Morocco is found in a 1958 decree, dhahir 1-58-376. The law gives citizens the right to form associations, with Article 5 setting “forth the procedure for declaring an association and maintaining its declared status” (Human Rights Watch 2009, 7).

Human Rights Watch. 2009 “Morocco: Freedom to Create Associations” https://www.hrw.org/reports/morocco1009webwcover.pdf

After its independence from Portugal in 1975, the People’s Republic of Mozambique established a socialist state with a constitution that protected freedom of association in its first constitution under Article 27 (Mozambique 1990. 9). In 1990 a new constitution was put into place that reformed the country into its present form, with Article 34 ensuring freedom of association to all (“Constitution of the People’s Republic of Mozambique” 17)

“The Constitution of the People’s Republic of Mozambique.” 2023. Mozambique History. https://mozambiquehistory.net/justice/constitution/19800000_english_constitution.pdf. Mozambique “Constitution of Mozambique” 1990

Myanmar’s first constitution, created and adopted in 1947 after its independence, contains the earliest provision protecting the right to freedom of association in the country. Found in Section iii of Article 17, it allows citizens to form and join associations, as long as their goal is not to undermine the Constitution (“The Constitution of the Union of Burma” 1948, 3).

“The Constitution of the Union of Burma” 1948 Myanmar Law Library http://www.myanmar-law-library.org/law-library/laws-and-regulations/constitutions/1947

Adopted in 1990, shortly before Namibia’s independence from South Africa, The Constitution of the Republic of Namibia contains the first assertion of the right to freedom of association in the country’s legal code. Provision e of Article 21 guarantees the right to join and form associations, including political parties and trade unions (Namibia 1990).

Namibia. 1990 “Namibia 1990 (rev. 2014)” Constitute https://www.constituteproject.org/constitution/Namibia_2014

Nauru’s Constitution of 1968 explicitly mentions the right to freedom of association in its preamble, as well as in Section 1, 2, and 3 of Article 13. Written shortly after national independence, it is the earliest assertion of this right in the country (Nauru 1968)

Nauru. 1968 “Nauru’s Constitution of 1968” Constitute https://www.constituteproject.org/constitution/Nauru_1968.pdf?lang=en

The Nepal Interim Government Act of 1951, put into effect after the Revolution of 1951, proclaims that all citizens have the right to form associations and unions. This is found under Section c of Article 17: Fundamental principles of law (Nepal 1951, 3)

Nepal. 1951 “The Interim Government of Nepal Act, 1951” Constitutionnet https://constitutionnet.org/sites/default/files/1951%20Constitution%20English.pdf

Freedom of association is protected under Article 8: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order” (constituteproject.org).

“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Netherlands_2008.

Part 2 Section 17 of the Bill of Rights Act (1990) states that, “Everyone has the right to freedom of association.”

Although New Zealand does not have a codified constitution, the first explicit mention of freedom of association in New Zealand law is the Bill of Rights Act of 1990, Article 17 of which states that “everyone has the right to freedom of association.” The country had earlier promised to uphold freedom of association by its 1978 ratification of the International Covenant on Civil and Political Rights, which protects this right in Article 22.

“International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2019,-1.&text=Everyone%20shall%20have%20the%20right,other%20media%20of%20his%20choice.

New Zealand Legislation. “New Zealand Bill of Rights Act 1990.” Parliamentary Counsel Office, July 24, 2023, https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html.

UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en.

The first mention of freedom of association in Nicaraguan law is found in the 1838 Political Constitution of the Sovereign, Free, and Independent State of Nicaragua, promulgated shortly after the country’s final independence. In Article 14, the constitution states that “popular gatherings that have as [their] object any honest pleasure, the discussion concerning politics, or to examine the public conduct of the [state] functionaries” cannot be impeded.

“Political Constitution of the Sovereign, Free, and Independent State of Nicaragua.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzni0040&collection=cow.

Freedom of association is found in the first Constitution of Niger, enacted in 1960 shortly after independence. Under Article 7, “political parties and groups shall be instrumental in the expression of the suffrage. They shall be formed and shall carry on their activities freely on condition that they respect the principles of national sovereignty and democracy and the laws of the Republic.”

“Constitution of Niger.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzne0002&id=1&men_tab=srchresults.

Chapter IV Section 37 of the constitution of the Second Republic (1979) states that “every person shall be entitled to assemble freely and associate with other persons, and any political party, trade union, or other association for the protection of his interests.”

Freedom of association is enumerated in the first constitution of independent Nigeria, enacted in 1960. Under Article 25, “every person shall be entitled to … associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests.” The article subsequently lays out broad reservations on this article, precluding its application to laws “reasonably justifiable in a democratic society” that are in the interest of “defense, public safety, public order, public morality, or public health,” as well as those “for the purpose of protecting the rights and freedoms of other persons.”

“The Constitution of the Federation of Nigeria.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzng0011&id=1&men_tab=srchresults.

The Constitution of the Democratic People’s Republic of Korea, adopted in 1948, purports to grant freedom of association to its citizens. Under Article 13, citizens have the freedom of “assembly, and freedom to form associations, or participate in public demonstrations.” The article specifically says that “every citizen shall have the freedom of organizing and joining democratic political parties, trade unions, cooperative associations, and physical culture, cultural, technical, and scientific organizations.”

Central Intelligence Agency. “Constitution of the Democratic People’s Republic of Korea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzkp0005&collection=cow.

Freedom of association is enumerated in the constitution of the Republic of North Macedonia, passed in 1991 shortly after independence from Yugoslavia (when the country was called the Republic of Macedonia). Under Article 20, “citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions.” Citizens may “freely establish associations of citizens and political parties, join them, or resign from them.” Earlier, the 1946 Constitution of the Federal People’s Republic of Yugoslavia, of which North Macedonia was a constituent republic as the People’s Republic of Macedonia, protected freedom of association in Articles 20 and 27.

“Constitution of the Federal People’s Republic of Yugoslavia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/cyugo0001&id=11&men_tab=srchresults.

“Constitution of the Republic of Macedonia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzmk0010&id=10&men_tab=srchresults.

The Constitution of Norway, which was initially enacted in 1814 (making it the world’s second oldest constitution to still be in effect today, after the United States Constitution), was amended around 2014 to guarantee the right to freedom of association. Under Article 101, “everyone has the right to form, join, and leave associations, including trade unions and political parties.” Before this, Norway pledged to uphold freedom of association when it ratified the International Covenant on Civil and Political Rights in 1972.

“The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll and subsequently amended, most recently in May 2014.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzno0023&id=1&collection=cow&index=.

UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en.

Limited freedom of association is protected under the Basic Statute of the State, instituted in 1996, which effectively functions as a constitution for Oman. Under Article 33, “the freedom of forming societies on a national basis and for legitimate objectives and by peaceful means – provided that it is not in conflict with the provisions and objectives of this Basic Statute – is guaranteed in accordance with the terms and conditions stipulated by the [Statute].” Further, “it is prohibited to form societies the activities of which are adverse to the order of society, secret or of a military nature.”

“The Basic Statute of the State.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzom0002&id=1&collection=cow&index=.

The following is from Part II, Chapter I, Section 17 of Pakistan’s current constitution (1973).

“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.”

“Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.”

A limited form of freedom of association is provided by the Constitution of the Islamic Republic of Pakistan, enacted shortly after Pakistan became a republic in 1956. Under Article 10, “every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.”

“Constitution of the Islamic Republic of Pakistan.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpk0008&collection=cow.

Palau protects freedom of association in the Constitution of the Republic of Palau, enacted in 1981. Under Article IV, Section 3, “the government shall take no action to deny or impair the right of any person to … associate with others for any lawful purpose including the right to organize and to bargain collectively.”

“Constitution of the Republic of Palau.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpu0001&id=5&collection=cow&index=.

Freedom of association is protected under the first constitution of Panama, enacted in 1904 shortly after the country’s independence. Article 20 guarantees Panamanians’ right to “to form associations for all the legitimate purposes of life.”

Comparative Constitutions Project. “Constitution of the Republic of Panama.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0048&id=1&men_tab=srchresults.

Papua New Guinea makes provision for freedom of association in its constitution, enacted upon independence in 1975. Under Section 47, every individual has the right to freely associate with “political parties, industrial organizations, or other associations.” This right, however, is listed under the heading of “qualified rights,” so that its application is subjected to several qualifications laid out in Section 38.

“Constitution of the Independent State of Papua New Guinea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=322.

Freedom of association is recognized in Paraguayan law in the 1870 constitution. Under Article 18, Paraguayans have the right to “associate with each other for useful purposes,” though “subject to the proper rules and regulations.”

Comparative Constitutions Project. “Constitution of the Republic of Paraguay.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=2&men_tab=srchresults.

Peru protects freedom of association in the Political Constitution of the Republic of Peru, promulgated in 1856. According to Article XXVIII, “all citizens possess the right of meeting together peaceably, whether in public or in private, provided public order be not compromised.”

British and Foreign State Papers (1856-1857). “Political Constitution of the Republic of Peru – Lima, October 13, 1856.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0047&id=1171.

The constitution of the First Philippine Republic, also known as the Malolos Constitution and passed in 1899 during the struggle for independence from Spain, represents the first mention of freedom of association in Philippine law. Under Article 20, no Filipino may be deprived of the “right of association for purposes of human life and which are not contrary to public morals.”

The LawPhil Project. “1899 Constitution of the Republic of the Philippines (Malolos Convention).” Arellano Law Foundation, July 24, 2023, https://lawphil.net/consti/consmalo.html.

Freedom of association was initially protected in the 1921 constitution, passed following the establishment of the first modern Polish state in the aftermath of World War I. Article 108 says that citizens have “the right of meeting and of association, as well as that of founding societies and unions;” it then says that “the application of these rights is regulated by law.” “The Constitution of the Polish Republic.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpl0051&collection=cow.

Article 46 of the Portugese Constitution (1976):

“Citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law.”

“Associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.”

“No one shall be obliged to belong to an association, or be coerced to remain therein by any means.”

“Armed associations, military, militarised or paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted.”

Portugal first protected freedom of association in the Constitution of the Portuguese Monarchy, promulgated in 1838. Under Article XIV, “all citizens have the right of assembling together conformably to the laws.” The article subsequently lays out specifications for how it is to be applied, and concludes with “a special law shall regulate, in other respects, the exercise of this right.”

British and Foreign State Papers (1838-1839). “Constitution of the Portuguese Monarchy – Promulgated at Lisbon, April 4, 1838.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0027&id=775&men_tab=srchresults.

The first mention of freedom of association in Qatar’s laws is found in the Permanent Constitution of the State of Qatar, promulgated in 2004. Article 45 says that “the right of citizens to establish association is guaranteed in accordance with the conditions and circumstances set forth in the law.”

Qatar Ministry of Foreign Affairs. “Permanent Constitution of the State of Qatar.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzqa0002&id=2&men_tab=srchresults.

Romania protects freedom of association in its first constitution, adopted in 1866. Under Article 27, “Romanians have the right to associate, [in accordance with] the laws that regulate the exercise of this right.”

“Constitutiunea Romaniei din 1866.” Constitutia Romaniei, July 24, 2023, https://www.constitutia.ro/const1866.htm.

Possibly the first mention of freedom of association in the law of the Russian state is in the October Manifesto, issued by Tsar Nicholas II in response to the mass unrest of the Revolution of 1905. The Manifesto pledged to guarantee to all Russian citizens “the essential foundations of civil freedom, based on the principles of genuine inviolability of the person, freedom of conscience, speech, assembly, and association.”

“Manifesto of October 17, 1905.” Seton Hall University, July 24, 2023, https://academic.shu.edu/russianhistory/index.php/Manifesto_of_October_17th,_1905#:~:text=The%20disturbances%20that%20have%20taken,is%20dangerous%20to%20Our%20state.

Rwanda provides for freedom of association in its 1962 constitution, promulgated shortly after independence. Under Article 19, “all citizens have the right to freely form associations or societies, subject to… the formalities [laid down by] laws and regulations.”

Nouvelles Constitutions Africaines. “Constitution de la Republique Rwandaise.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/noucoaf0001&collection=cow&index=alpha/N_cowbooks&id=15.

Chapter 2 Article 13 specifies the protection of freedom of assembly and association. Saint Kitts and Nevis became fully independent from Britain in 1983. The constitution was adopted the same year. Also in this section are the conditions under which limitations of this freedom may be imposed.

The Government of St. Kitts and Nevis. “The Constitution of Saint Christopher and Nevis. 2023. https://www.gov.kn/the-constitution/

Chapter 1 Article 11 of the Constitution of Saint Lucia regards freedom of association and assembly. Saint Lucia became independent from the British Commonwealth in February 1979, however, the Constitution was drafted in 1978, then coming into operation on the day of independence.

Georgetown University. “Saint Lucia Constitutional Order 1978” https://pdba.georgetown.edu/Constitutions/Lucia/Luc78.html

Saint Lucia “let her inspire you.” History and culture. https://www.stlucia.org/en/discover-saint-lucia/history-culture/

Chapter 1 Article 11 specifies the protection of freedom of assembly and association. Autonomy was granted in 1969 and the first draft of the constitution was written. When complete independence was gained in 1979, The constitution was revised and adopted.

Constitution of Saint Vincent and the Grenadines 1979. Organization of American States. http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic4_svg_const.pdf

CIA World Factbook. Saint Vincent and The Grenadines. https://www.cia.gov/the-world-factbook/countries/saint-vincent-and-the-grenadines/

Part 2 Section 13 of the Constitution lists the rights regarding freedom of speech, assembly, association, movement and residence. The Constitution was first drafted in 1954, in a constitutional convention with New Zealand. The Final draft was approved in 1962, The year of independence.

Britannica. Samoa https://www.britannica.com/place/Samoa-island-nation-Pacific-Ocean/History

CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/44021/124322/F-82949215/WSM44021.pdf

Article 6 of The Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order specifies Freedom of Association. The Constitution of San Marino, from 1600, does not specify the individual rights so the Declaration of Citizen’s Rights and fundamental principles of San Marino was adopted on July 8,1974.

Declaration of Citizens Rights and Fundamental Principles of San Marino. Rights of Assembly. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf

CIA World Factbook. San Marino. https://www.cia.gov/the-world-factbook/countries/san-marino/

Part II article 35 covers the freedom of association in the Constitution of São Tomé e Principe. The country gained independence from Portugal in July 1975, adopting the constitution November 5, 1975.

CIA World Factbook. São Tomé e Príncipehttps://www.cia.gov/the-world-factbook/countries/sao-tome-and-principe/

Constitution of Sao Tome e Principe. Constitute Project. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_1990

Saudi Arabia is an absolute monarchy with heavy restriction of civil liberties. According to the US State Department, as of 2022, Saudi Arabia’s law “provides for limited freedom of assembly and association, but the government did not respect these rights.”

“2022 Country Reports on Human Rights Practices: Saudi Arabia. U.S. Department of State. https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/saudi-arabia/

CIA World Factbook. Saudi Arabia. https://www.cia.gov/the-world-factbook/countries/saudi-arabia/#government

Constitution of Saudi Arabia. University of Minnesota. http://hrlibrary.umn.edu/research/saudiarabia/saudi-constitution.html

Freedom House. World Freedom Report. Saudi Arabia https://freedomhouse.org/country/saudi-arabia/freedom-world/2022

Title II article 8 covers freedom of association along with, opinion, expression, press, assembly, movement, and manifestation in the Constitution of the Republic of Senegal. Independence was gained from France in 1960, The constitution was adopted in 1963, most recently promulgated in 2001.

CIA World Factbook. Senegal https://www.cia.gov/the-world-factbook/countries/senegal/#government

Constitution of the republic of Senegal. Translated. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/sn/sn014en.pdf

Serbia became independent in 2006 from the state union of Serbia and Montenegro. The 2006 constitution covers freedom of association under article 55 of the Constitution of the Republic of Serbia. However, The 1931 Constitution of the Kingdom of Yugoslavia covers freedom of association in Chapter II, Article 13.

International Labour Organization. Constitution of the Republic of Serbia. 2006. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/74694/119555/F838981147/SRB74694%20Eng.pdf

Constitution of the Kingdom of Yugoslavia. 1931. https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf

Chapter III article 22 of The Constitution of Seychelles (1976) covers freedom of association along with freedom of assembly. Seychelles gained independence from the United Kingdom in the same year of 1976. The constitution was redrafted in 1993, now covering the freedom of association under Article 23 of Chapter III.

CIA World Factbook. Seychelles. https://www.cia.gov/the-world-factbook/countries/seychelles/#government

Seychelles Independence Order 1976. Constitution of Seychelles 1976. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf

Constitute Project. Constitution of Seychelles 1993. https://www.constituteproject.org/constitution/Seychelles_2017

The 1991 Constitution of Sierra Leone covers freedom of association in chapter III Article 15.A.

THE CONSTITUTION OF SIERRA LEONE. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/26723/90483/F311875481/SLE26723.pdf

Constitutional History of Sierra Leone. Constitution Net. https://constitutionnet.org/country/sierra-leone

Freedom of Association is mentioned in Article 14.1.C. of the Constitution of Singapore 1965. Singapore gained independence in 1965 From the Malaysian Federation, and the Constitution was revised from the 1963 Constitution of the State of Singapore. It states that restictions may be imposed by any law relating to labour or education.

Constitution of the Republic of Singapore. 1965. Singapore Statutes Online. https://sso.agc.gov.sg/Act/CONS1963?ProvIds=P14-#pr14-

CIA World Factbook. Singapore https://www.cia.gov/the-world-factbook/countries/singapore/#government

Constitution of the State of Singapore. 1963. https://media.bloomsburyprofessional.com/rep/files/singapore-constitution-1963.pdf

Of the 1920 Constitution of Czechoslovakia, Section V article 113 covers freedom of association. Slovakia and The Czech Republic became independent states in 1993 and the independent constitution came into force October 1, 1992. Freedom of Association is covered in Section 3, Article 29, as a Political right rather than a Fundamental Human Right or Freedom, which is covered by section 2.

CONSTITUTION OF THE SLOVAK REPUBLIC. https://www.prezident.sk/upload-files/46422.pdf

University of California Press. New York Times Current History. The Constitution of Czechoslovakia: Full Text of the Most Modern and Complete Instrument of Democratic Self-Government. https://www.jstor.org/stable/pdf/45325393.pdf?refreqid=excelsior%3A4f1bbc1d288238311128e70a46ae2b12&ab_segments=&origin=&initiator=&acceptTC=1

CIA World Factbook. Slovakia. https://www.cia.gov/the-world-factbook/countries/slovakia/#government

The 1931 Constitution of the Kingdom of Yugoslavia asserts the right to form associations under Chapter II, Article 13. Slovenia gained independence in 1991, The 1991 Constitution of the Republic of Slovenia covers freedom of association in Chapter II, Article 42.

Constitute Project. Republic of Slovenia 1991. https://www.constituteproject.org/constitution/Slovenia_2013.pdf

The Constitution of the Kingdom of Yugoslavia. 1931.https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf

Chapter 2 Article 13 Of the Constitution of the Solomon Islands covers the protection of freedom of association and assembly. The Constitution was adopted 31 of may, 1978 and effective July 7, 1978, when The country gained independence from the United Kingdom.

CIA World Factbook. Solomon Islands.https://www.cia.gov/the-world-factbook/countries/solomon-islands/#government Constitute Project. Constitution of the Solomon Islands. https://www.constituteproject.org/constitution/Solomon_Islands_2018

Part II, Article 12, of the 1960 Constitution of the Somali Republic covers the right to political association. Article 12 Section 2 states, Political parties and associations which are secret, have an organization of a military character or have a tribal denomination shall be prohibited. Article 13 separately covers the right to form trade unions. The Somali Republic was formed July 1, 1960, gaining independence from the United Kingdom(Somalia), and Italy(Somoliland).

CIA World Factbook. Somalia. https://www.cia.gov/the-world-factbook/countries/somalia/#government

Constitution of the Somali Republic. http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf

The first assertion of Freedom of Association in South Africa was in the 1993 Interim Constitution, under Chapter III, Article 17. This Constitution was drafted during the transition to democratic processes leading up to the first post-apartheid elections in 1994, and came into force April 27, 1994, the day of the election.

CIA World Factbook. South Africa. https://www.cia.gov/the-world-factbook/countries/south-africa/#government

United Nations. Peacemaker. SOUTH AFRICA INTERIM CONSTITUTION (1993). https://peacemaker.un.org/documents/south-africa-interim-constitution-1993

Article 21 of Chapter II of The Constitution of the Republic of Korea covers Freedom of Association, with the specification that licensing of assembly and association shall not be recognized. The 1948 constitution was adopted upon independence from Japan.

Constitutional History of the Republic of Korea. Constitution Net. 2018. https://constitutionnet.org/country/republic-korea Constitute Project. Constitution of Republic of Korea. 1948. https://www.constituteproject.org/constitution/Republic_of_Korea_1987 Britannica. Division of Korea. https://www.britannica.com/place/Korea/Division-of-Korea

The Bill of Rights, Part II of the Interim Constitution of Southern Sudan, first mentions freedom of Association under article 40. The Interim Constitution of Southern Sudan was adopted in 2005, prior to independence from Sudan in 2011.

CIA World FactBook. South Sudan. https://www.cia.gov/the-world-factbook/countries/south-sudan/#government

The interim Constitution of Southern Sudan. 2005. https://www.refworld.org/pdfid/4ba74c4a2.pdf

The First assertion of freedom of association in Spain was in the 1978 Constitution. It is covered in section 22, of Division I. “The right of association is granted” However the limitations of this right are listed in the following 4 clauses, including the prohibition of secret and paramilitary associations.

European University Institute. Spanish Constitution. 1978. https://www.eui.eu/projects/internationalartheritagelaw/documents/nationallegislation/spain/spanishconstitution1978.pdf

Chapter III, Article 14 of the Constitution adopted in 1978, allows for freedom of Association along with freedoms of speech, assembly, occupation, and movement. Section 1.c-g covers the circumstances of freedom of association.

CIA World Factbook. Sri Lanka. https://www.cia.gov/the-world-factbook/countries/sri-lanka/#government

Constitute Project. Constitution of Sri Lanka 1978. https://www.constituteproject.org/constitution/Sri_Lanka_2015?lang=en

The 1998 Constitution of The Republic of Sudan, does not explicitly mention freedom of association, however, Article 26 protects the freedom of succession and organization which is understood to be freedom of Association. The Following draft in the 2005 Constitution does specify freedom of association in article 40.

CIA World Factbook. Sudan. https://www.cia.gov/the-world-factbook/countries/sudan/#government

Prior Constitution of The Republic of Sudan. 1998. University of Minnesota, Human Rights Library. http://hrlibrary.umn.edu/research/sudpriorconst.html

Constitute Project. Constitution of the Republic of Sudan. 2005. https://www.constituteproject.org/constitution/Sudan_2005

The 1987 Constitution of the Republic of Suriname promulgates freedom of association under Chapter 5, Article 20.

Organization of American States. Republic of Suriname Constitution 1987, http://www.oas.org/juridico/pdfs/mesicic4_sur_const.pdf

Freedom of association is asserted in the 1974 Instrument of Government under chapter 2, article 1, section 5.

CIA World Factbook. Sweden https://www.cia.gov/the-world-factbook/countries/sweden/#government CONSTITUTION OF SWEDEN (1974). The Instrument of Government. https://www.equalrightstrust.org/ertdocumentbank/CONSTITUTION%20OF%20SWEDEN.pdf

First assertion of freedom of association in Switzerland was in the first Constitution of 1848. Freedom of association is guaranteed under article XLVI of Chapter 1, granted the proceedings nor objects of associations are not illegal.

Swiss Parlament https://www.parlament.ch/centers/documents/de/BV_1848_EN.pdf

The first assertion of Freedom of Association in Syria was in the 2012 Constitution of the Syrian Arab Republic. It is covered under Title II, Chapter I, Article 45. The Article articulates that the associations or unions should have a national basis, for lawful purposes and peaceful means, and should adhere to the terms and conditions prescribed by law.

Constitution Net. Syria. 2021. https://constitutionnet.org/country/syria CIA World factbook. Syria. https://www.cia.gov/the-world-factbook/countries/syria/#government International Labour Organization. Constitution of The Syrian Arab Republic - 2012. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91436/106031/F-931434246/constitution2.pdf

The constitution of 1994 of Tajikistan recognizes the freedom of association in Article 28 and is cited to ‘correspond to democratic norms’. Article 8 of the constitution states citizens may form associations that only function and exist within the framework of the constitution.

Tajikistan, Supreme Assembly. 2016. Constitution of the Republic of Tajikistan. https://www.constituteproject.org/constitution/Tajikistan_2016.pdf?lang=en. (Orig. pub. 1994.).

Tanzania’s constitution of 1977 article 20 provides every person the freedom to associate. The article highlights five restrictions to the freedom of association which include: violent associations, tribal or religious political associations, and the breakdown of the United Republic.

Judiciary of Tanzania. 2005. THE CONSTITUTION of the UNITED REPUBLIC of TANZANIA. Www.judiciary.go.tz. http://www.judiciary.go.tz/wp-content/uploads/2015/09/constitution.pdf. (Orig. pub. 1977.).

Thailand has had multiple constitutions since 1932 after the abolition of the absolute monarchy. Section 42 of the latest constitution of Thailand (2017) highlights the ‘liberty to unite and form an association, co-operative, union, organisation, community, or any other group.’ Provision 14 of the 1932 Constitution also highlighted the right to association.Thailand Constitution. 1932. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf. Constitution Drafting Committee. 2017. Constitution of Thailand. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103607/132859/F-1348511433/THA103607%202019.pdf.

The constitution of the fourth republic of Togo adapted in 1992 and revised in 2007 details in article 30 the right of association, assembly, and peaceful demonstration without violence. Togo. 2007. The 1963 constitution does not address freedom of association. “Togo 1992 (Rev. 2007) Constitution - Constitute.” Www.constituteproject.org. 2007. https://www.constituteproject.org/constitution/Togo_2007.

The Tongan constitution was adopted in 1875 and was last revised in 2020. The constitution does not explicitly state a freedom of association, rather the freedom of assembly in Article 8 which highlights ‘The Freedom of Petition’ in which all people are free to peacefully send letters and petitions to the legislators and king. Kingdom of Tonga. 2021. CONSTITUTION of TONGA. https://www.parliament.gov.to/parliamentary-business/documents/constitution-of-tonga/file/487-act-of-constitution-of-tonga-2020-revised-edition. (Orig. pub. 1875.).

The Trinidad and Tobago constitution Act of 1976 revised last in 2007 declares the rights enshrined in the constitution in Chapter 1 Part 1 article 4j which details: ) the ‘freedom of association and assembly’.

Trinidad and Tobago. 1978. “THE CONSTITUTION of the REPUBLIC of TRINIDAD and TOBAGO.” https://www.oas.org/juridico/english/mesicic3_tto_constitution.pdf.

The Tunisian Constitution of 2014 (Arabic: 2014 دستور تونس) was adopted on 26 January 2014, article 35 of the constitution guarantees the freedom of establishment of political parties, unions, and associations while respecting financial transparency and the rejection of any incitement of violence. Tunisia had included the right of freedom of association after independence from France in 1959 as part of Article 8. The original short lived 1861 constitution does not highlight any freedom of association.

Bourguiba, Habib. 1959. “WIPO Lex, Tunisia, the Constitution of Tunisia, 1959.” Www.wipo.int. 1959. https://www.wipo.int/wipolex/en/legislation/details/7201. National Parliament. 2014. “WIPO Lex, Tunisia, the Constitution of the Republic of Tunisia, 2014.” Www.wipo.int. 2014. https://www.wipo.int/wipolex/en/legislation/details/14847.

The first instance of the right of freedom of association was the second Turkish Constitution(1924 Türk Anayasası), in Section V which detailed multiple rights including the Freedom of Assembly.

Earl, Edward Meade. "The New Constitution of Turkey." Political Science Quarterly 40, no. 1 (March 1925): 96-97.

Turkmenistan after independence from the Soviet Union had multiple constitutions; the earliest instance of the right of freedom of association is the 1992 Constitution which states in article 28 'Citizens have the right to form political parties and other social associations which operate within the framework of the Constitution and laws'. There are 3 constitutions which existed as the Turkmen SSR.

Turkmenistan. 1992. “Constitution of Turkmenistan.” Web.archive.org. 1992. https://web.archive.org/web/20150414030847/http://www.uta.edu/cpsees/TURKCON.htm.

The kingdom of Tuvalu’s constitution first asserts the freedom of association and assembly as part of section 11 of the 1982 constitution revised in 2008, and is developed in more detail in section 25 which describes the provisions and purposes of the freedom. Tuvalu is a part of the Commonwealth.

Parliament of Tuvalu. 1986. THE CONSTITUTION of TUVALU. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf. (Orig. pub. 2008.).

According to the constitution of the Republic of Uganda article 29 the first instance of the Rights and protections such as the freedom of association which include: “Protection of freedom of conscience, expression, movement, religion, assembly and association.” The Right is then defined in section e; which details the freedom to form and join associations or unions, including trade unions and political and other civic organisations.

Republic of Uganda. 1995. Constitution of the Republic of Uganda. Www.parliament.go.ug. https://www.parliament.go.ug/documents/1240/constitution. (Orig. pub. 2018.).

The first instance of Ukraine allowing the freedom of association is the Ukraine SSR’s 1937 Constitution which entails the (в) свобода зборів і мітингів,г) свобода вуличних походів і демонстрацій.) which translates to the freedom of c) freedom of assembly and rallies, d) freedom of street marches and demonstrations, which can be equivalent to the freedom of association.

Extraordinary XIV Ukrainian Congress of Soviets. 1937. “Constitution (Basic Law) of the Ukrainian Soviet Socialist Republic .” Wikisource. 1937.

The United Arab Emirates constitution ‘dastūr’ of 1971 temporarily developed after the unification of the 6 Emirates details in article 33 that the Freedom of assembly and association are guaranteed within the limits of the law. Ras al Khaimah joined the Union in 1972 becoming the 7th Emirate. rulers of the emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain and Fujairah. 1971. The constitution was ratified permanently in 1996

“The Constitution of the United Arab Emirates of 1971.” Official Gazette. December 2, 1971 https://www.raalc.ae/wp-content/uploads/2020/09/The-Constitution-of-the-United-Arab-Emirates-of-1971-English-1.pdf.

The 1990 Human Rights Act protects the Right to assemble and associate, subject to reasonable and proportionate restrictions. The HRA primarily serves to codify the European Convention on Human Rights into British Law (the ECHR and its associated court are not related to the EU, and the UK is still a signatory).

In 1776, Richard Price, a British writer who supported the American revolution published Observations on the Nature of Civil Liberty, the Principles of Government, and the Justice and Policy of the War with America. Unlike other commentaries on civil rights, he includes discussion on free assembly. He describes a prohibition on “associating for any purposes, except when leave should be given us by a Lord Lieutenant or Viceroy” as being part of a “state of oppression which no country can endure.” Though he does not phrase it as a fundamental right, the fact that Price deems draconian restrictions on association oppressive implies a belief in at least a limited freedom of association. This is the first instance I could find of a political theorist invoking the concept of freedom of association (or the lack thereof).

There is a more explicit case for free association in John Stuart Mill’s On Liberty (1859). Mill lays a broad notion of individual liberty. He then argues that “from this liberty of each individual, follows the liberty, within the same limits, of combination among individuals; freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age, and not forced or deceived (16).” Before any British thinkers espoused freedom of association as a right, John Locke, Thomas Hobbes, and David Hume addressed the issue (as Boyd helpfully summarizes). Hobbes detested associations, referring to them as “lesser commonwealths in the bowels of a greater, like worms in the entrails of a natural man” (257).

Locke disagreed with Hobbes’ cynical perspective on groups. John Locke’s “A Letter Concerning Toleration” primarily concerns religious associations, but he extends certain arguments to associations in general. The italicized text below is Boyd’s summarization (241), where sections in quotes come directly from “A Letter.” As Boyd notes, though Locke defends policies that allow freer association, he does so because of their practical benefits, not because it is a fundamental right (2008, 241).

“Suppose this Business of Religion were let alone,” Locke hypothesizes, “and that there were some other Distinction made between men and men, upon account of their different Complexions, Shapes, and Features.” Under conditions of differential treatment, such persons, “united together by one common persecution,” would become just as dangerous and disruptive.26 Conversely, if the state eliminated special privileges, on the one hand, or disproportionate burdens, on the other, then supposedly intractable religious or ethnic affiliations would become matters of complete indifference, no more or less contentious than other private decisions about how to spend one’s money, manage one’s estates, or marry off one’s daughter. Finally, David Hume’s “Of Parties in General” (1742) is another important piece of Enlightenment work skeptical of associations. His position is more nuanced that Hobbes; he understands that association may exist for different purposes. Factions “of interest” are deemed less dangerous than factions “of principle.” Regarding factions of principle, he wonders the following: “But where the difference of principle is attended with no contrariety of action, but every one may follow his own way, without interfering with his neighbour, as happens in all religious controversies; what madness, what fury can beget such unhappy and such fatal divisions?”

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

Locke, John. “Letter Concerning Toleration”

Mill, John Stuart. On Liberty

Price, Richard. Observations on the Nature of Civil Liberty. London: Edward and Charles Dilly and Thomas Cadell, 1776.

While there are multiple instance of implied rights of association and petition such as the Magna Carta and the Petition of Right in 1628, the first explicit right to association is Trade Union Act, 1871 which granted the right to form and join trade unions for the purpose of protecting their interests and improving working conditions.

Trade Union Act, 1871. 1871. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/98373/117044/F1671923749/IRL98373.pdf.

Listed at the bottom of this section is language from the State Constitutions of New Hampshire and North Carolina and the Pennsylvania Declaration of Rights, all from 1776, which articulate the right to assemble (assembly and association are not always interchangeable, but many constitutions group them together). These documents all contain rights to assemble written in remarkably similar language, and they describe the right as politically driven. These were the oldest references to something like the right of association in governing documents.

Despite modern views of assembly as related to association, at the time of America’s founding, it would have been better understood as related to the right to petition. According to Congress’s online annotated Constitution, the assembly clause meant that the people have a right to assemble in order to petition the government. The site says that assembly was initially seen as a “subordinate and instrumental” right ("Freedom of Assembly and Petition"). The aforementioned state constitutions should be interpreted the same way. In fact, this is even more clear in these state constitutions than in the national one. The state constitutions surround the right to assemble with expressly political language, such as the right to petition and advocacy for the “common good,” while the First Amendment’s guarantees are political, but not entirely political (it protects religion, and protected speech and press are often, but not always, political).

As Richard Boyd argues in “The Madisonian Paradox of Free Association,” America’s founders did not explicitly include free association because at least some of them were skeptical of it, worrying that certain associations would be conspiratorial or seditious. He summarizes the British Enlightenment tradition skeptical of associations, which influenced the founders (I describe this in the last few paragraphs of the UK section, on Hobbes, Locke, and Hume). James Madison, the primary author of the Bill of Rights, feared the influence of factions, which private associations furthered. As Boyd notes, Madison viewed association as a “second-order” right (page 258), whose existence is tolerable because institutions can mitigate its worst effects (page 247). The following passage from “Federalist No. 10” illustrates his attitude toward factions arising from free association:

It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

As Boyd notes, there are several possible reasons why Madison may not have enumerated the right to associate. It is possible that he saw it as implied by other First-Amendment rights, such as free assembly. It also may have been seen as less important or vulnerable than other rights, and Madison may have seen it as the type of auxiliary right protected by the Ninth Amendment. Finally, the right’s exclusion may have been because the founders were too skeptical of it for its inclusion (258).

Since the 1950s and 60s, SCOTUS has, to an extent, ruled that the speech and assembly rights imply a right to associate, especially for politically expressive purposes. For example, it ruled in NAACP v. Alabama that the NAACP cannot be forced to submit a membership roster to a state government. In 2000, in Boy Scouts v. Dale, the court held that the Boy Scouts could exclude gay members (in violation of state non-dsicrimination laws) because not being able to do so would undermine their ability to express a viewpoint - expressive association.

In Roberts v. US Jaycees, an organization for young business leaders’ ban on female members was challenged because it violated state non-discrimination law. This case is notable because the court identified a new form of association: intimate association. The opinion of the court states that “certain intimate human relationships be secured against undue intrusion by the State because of the role of such relationships in safeguarding the individual freedom that is central to our constitutional scheme.” The opinion places this right under the general aims of the First Amendment. The court ruled against the organization, but in so doing, it established the idea that Americans have the right to free intimate and expressive association. Still, one could argue that in a state with true freedom to associate, any group of people would be able to enact whatever membership restrictions it wanted, regardless of whether or not it falls into the categories of “expressive” or “intimate.”

Although assembly is the First-Amendment freedom that most seems to correspond with association, SCOTUS has not derived free association this way. Rather, it uses a more nebulous combination of various First-Amendment rights. As the majority held in NAACP v. Button, “It is not necessary to subsume such activity under a narrow, literal conception of freedom of speech, petition or assembly, for there is no longer any doubt that the First and Fourteenth Amendments protect certain forms of orderly group activity.”

Article XVIII of North Carolina’s Constitution: “That the people have a right to assemble together, to consult for their common good, to instruct their Representatives, and to apply to the Legislature, for redress of grievances.” Section 21 of New Hampshire’s Constitution: “The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be enacted.”

Section XVI of the Pennsylvania Declaration of Rights: “That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

The first instance in US constitutional law addressing the equivalent of the freedom of association is the inclusion of the right of freedom of assembly in the First Amendment to the United States constitution adopted in 1791. The amendment states: ‘That Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.’ The Supreme Court has asserted in cases such as NAACP v. Alabama (1958) that the amendment includes the right of freedom of association.

The White House. 2023. “The Constitution.” The White House. 2023. https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/#:~:text=The%20First%20Amendment%20provides%20that.

The first instance of Freedom of Association in Uruguayan constitution is the 1934 constitution which stated in article 38 according to the translation: “Article 38.- All persons have the right to associate, whatever the object they pursue, provided that they do not constitute an illegal association declared by Law.

”“Constituci�N de La Rep�Blica - 1934.” 1934. Web.archive.org. 1934. https://web.archive.org/web/20131216185532/http://www.parlamento.gub.uy/Constituciones/Const934.htm.

The first instance of the right of association is guaranteed in the 1992 Constitution of Uzbekistan. The 34th article roughly states that all citizens have the right to association and that no one may infringe on the rights, freedoms and dignity of the individuals.

08.12.1992. The Constitution of the Republic of Uzbekistan. 1992. Lex.uz. 1992. https://lex.uz/docs/4032775.

The first instance of the freedom of association in the Vanuatuan Constitution is in the first edition after independence in 1980 asserts in Chapter 2 Part 1 in article 5 sub article h that all individuals are entitled to freedom of assembly and association without discrimination.

REPUBLIC OF VANUATU. 1980. “CONSTITUTION of the REPUBLIC of VANUATU.” https://parliament.gov.vu/images/pdf/constitution.pdf.

There are multiple constitutions and iterations of the Venezuelan constitution and the first instance of freedom of association is the 1961 constitution which indicated in article 70 that everyone has the right to associate for lawful purposes, in accordance with the law.

Bolivarian Republic of Venezuela. 1961. “Constitución de Venezuela, 1961 Con Reformas de 1983.” Pdba.georgetown.edu. 1961. https://pdba.georgetown.edu/Constitutions/Venezuela/ven1961.html.

The first instance of the freedom of association in Vietnam is the 1946 constitution of the Democratic Republic of Vietnam, in Article 10 which states in translation; Vietnamese citizens have the right to: Freedom of organization and meeting, among other rights. Upon reunification of the North and South of Vietnam the 1992 Constitution indicated in article 69 that citizens are entitled to freedom of speech … assembly, association and demonstration in accordance with the law.

“Hiến Pháp 1946 Việt Nam Dân Chủ Cộng Hòa.” 1946. Thuvienphapluat.vn. 1946. https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1946-Viet-Nam-Dan-Chu-Cong-Hoa-36134.aspx?v=d. Socialist Republic of Vietnam. 1992. “1992 CONSTITUTION of the SOCIALIST REPUBLIC of VIETNAM (as Amended 25 December 2001).” Http://Www.vietnamlaws.com/Freelaws/Constitution92%28aa01%29.Pdf/. 1992. https://web.archive.org/web/20081016121441/http://www.vietnamlaws.com/freelaws/Constitution92%28aa01%29.pdf/.

First instance of the right to association is the 39th Article in the 1991 constitution which stated: ‘Citizens all over the Republic may, in a manner that does not contravene the provisions of this constitution, associate politically, professionally, and in trade unions.‘ Further guaranteeing this right in the article stating the various types of associations permitted.

LL.M., Prof. Dr. Axel Tschentscher,. 1991. “Yemen Constitution.” Www.servat.unibe.ch. ICL. May 16, 1991. http://www.servat.unibe.ch/icl/ym00000_.html.

Zambia states in its constitution of 1991 that every person in Zambia has the right to: freedom of conscience, expression, assembly, movement and association according to article 11 as part of fundamental rights. President and Parliament of Zimbabwe. 1991. “Zambia 1991 (Rev. 2009) Constitution - Constitute.” Www.constituteproject.org. 1991. https://www.constituteproject.org/constitution/Zambia_2009?lang=en.

Zimbabwe first highlights the right of association in section 21. Protection of freedom of assembly and association of the 1980 constitution after independence from the United Kingdom.

Zimbabwe. 1980. “CONSTITUTION of ZIMBABWE.” AceProject. 1980. https://aceproject.org/ero-en/regions/africa/ZW/Constitution%20of%20Zimbabwe%201980.pdf.

According to Article two of the 1964 Constitution of Afghanistan: "Islam is the sacred religion of Afghanistan. Religious rites performed by the State shall be according to the provisions of the Hanafi doctrine. Non-Muslim citizens shall be free to perform their rituals within the limits determined by laws for public decency and public peace."

References:

https://www.constituteproject.org/constitution/Afghanistan_1964

According to the 1928 Fundamental Statute of the Kingdom of Albania: "The Albanian State has no official religion. All religions and creeds are respected, and freedom of worship and religious observances is guaranteed."

The current Albanian constitution guarantees religious freedom in Article 10. The Constitution of the Republic of Albania was passed on November 28th, 1998.

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

1998 Albania Constitution: https://www.constituteproject.org/constitution/Albania_2012

Freedom of religion was first guaranteed in the Algerian Constitution of 1963. Article 4 of the document guarantees this right, while also stating that Islam is the state religion.

References:

“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

“Constitution of Algeria.” World Constitutions Illustrated, Heinonline. Accessed July 19, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzdz0026&i=1

Andorra’s 1993 Constitution is the first document in the country’s history to define freedom of religion. Article 6 protect one’s freedom from religious discrimination, while article 11 protects ones right to religious expression.

“Andorra 1993.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Andorra_1993

Freedom of religion was first protected by Article 7 of Angola’s 1975 Interim Constitution. It was later replaced by the Constitution of 1992, which also guaranteed the right. Article 10 of Angola’s 2010 constitution declares the country a secular state. Article 23 declares it illegal to discriminate based on religious affiliation. The constitution was ratified on January 21st, 2010.

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010

Antigua and Barbuda’s 1981 Constitution contains the first assertion of freedom of religion in the country’s independent history. Article 11 specifically outlines this right.

References:

1981 Antigua and Barbuda Constitution: “The Republic of Antigua and Barbuda Constitutional Order 1981.” Political Database of the Americas. Accessed July 19, 2023. https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html

Though not explicitly focused on religious freedom, the 1826 Argentina Constitution seems oriented in Article 162 to elements of freedom of belief as a general matter: "The private actions of Men, which do not in any manner offend publick order, nor injure a third Person, belong alone to God, and are exempt from the authority of the Magistracy." A few decades later, according to Juan G. Navarro Floria, the Constitutional language was more direct: "Setting aside the drafts of prior constitutional charters, the authors of Argentina’s 1853 Constitution emphatically proclaimed religious freedom for '[a]ll inhabitants'.” (Floria, 342) The Constitution establishes freedom of religion, but also gives "preferential legal status" to the Roman Catholic Church (U.S. Department of State, "ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT").

References:

Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index=

Juan G. Navarro Floria, Religious Freedom in the Argentine Republic: Twenty Years After the Declaration on the Elimination of Intolerance and Religious Discrimination, 2002 BYU L. Rev. 341 (2002). Available at: https://digitalcommons.law.byu.edu/lawreview/vol2002/iss2/8

"ARGENTINA 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT": https://www.state.gov/wp-content/uploads/2019/05/ARGENTINA-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf

The 1990 Declaration of Independence of Armenia guaranteed freedom of conscience. The 1995 Constitution of Armenia contains a more detailed assertion of freedom of religion in Article 23: "Everyone is entitled to freedom of thought, conscience, and religion. The freedom to exercise one's religion and beliefs may only be restricted by law on the grounds prescribed in Article 45 of the Constitution. Amendment of the 1995 Armenia Constitution in 2005 resulted in still more specific articulation of the right: "Everyone shall have the right to freedom of thought, conscience and religion. This right includes freedom to change the religion or belief and freedom to, either alone or in community with others manifest the religion or belief, through preaching, church ceremonies and other religious rites." In addition to this articulation of the protection of belief and protection, Article 8.1 of the Armenia Constitution as amended in 2005 "recognizes the exclusive historical mission of the Armenian Apostolic Holy Church as a national church", but also asserts the separation of church and state in Armenia. The same article also guarantees that: "Freedom of activities for all religious organizations in accordance with the law shall be guaranteed in the Republic of Armenia".

References:

Armenian Declaration of Independence: https://www.gov.am/en/independence/

"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

"Constitution of the Republic of Armenia (with the Amendments of 27 November 2005)": http://www.parliament.am/legislation.php?sel=show&ID=1&lang=eng

In accordance with English Common Law, Australia’s Constitution does not clearly guarantee freedom of religion. However, Article 116 of the document orders the “Commonwealth not to legislate in respect of religion.” Additionally, multiple Australian states have adopted laws and constitutions protecting the right.

References:

“The Australian Constitution.” Parliament of Australia. Accessed July 19, 2023. https://www.aph.gov.au/constitution

“2021 Report on International Religious Freedom: Australia.” U.S. Department of State. Accessed July 19, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/australia/#:~:text=In%20Queensland%2C%20Victoria%2C%20and%20the,the%20grounds%20of%20religious%20belief.

The current Austrian state has maintained the Basic Law on the General Rights of Nationals of 1867, drafted during the Habsburg Empire. This makes Article 14 of the document the first assertion of freedom of religion in the country’s modern history. However, deeper legal foundations for this right can be found in the Patents of Tolerance of 1781/82.

The Constitution of Austria was ratified on October 1, 1920 and reinstated on May 1, 1945. Article 7 bans discrimination, including on the basis of religion.

References:

English original text of the Federal Constitutional Law of 1920 883 (2010), "First Principal Article: General Provisions ," Constitution of the Republic of Austria. - October 1, 1920 : 883-890

“Austria’s Religious Landscape.” Austria Embassy Washington. Accessed July 19, 2023. https://www.austria.org/religion#:~:text=EXPRESSIONS%20OF%20THE%20BASIC%20RIGHT%20OF%20RELIGIOUS%20FREEDOM&text=According%20to%20Austrian%20law%20(Law,choose%20his%20or%20her%20religion.

Azerbaijan’s Constitution of 1995 contains the first assertion of freedom of religion in the country’s post-Soviet history. In Article 18 all religion is declared equal under the law and Article 25, Article 48, Article 71(4) ban legal discrimination based on religion and grant religious protections. Articles 85 and 89 ban ministers of religion from holding power in the the Milli Majlis or Azerbaijan National Assembly.

References:

https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf

Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.

The Constitution of The Commonwealth of The Bahamas was ratified on July 10th 1973. Article 22 protects freedom of religion. The preamble does specifically mention Christian values and the supremacy of God. Constitution Project. “Bahamas (the) 1973 Constitution.” Constitute, POGO, 27 Apr. 2022, https://www.constituteproject.org/constitution/Bahamas_1973?lang=en.

The Bahamas’ 1973 Constitution contains the first assertion of freedom of religion in the country’s independent history. Article 22 of the document outlines this right.

“Constitution of the Commonwealth of the Bahamas.” The Government of the Bahamas. Accessed July 20, 2023. https://www.bahamas.gov.bs/wps/wcm/connect/04fb4632-1bd7-414f-b66e-9c499b382480/Chap+3+Protection+rights+and+freedoms.pdf?MOD=AJPERES

The Bahrain Constitution of 1973 contains the first assertion of religious freedom in the country’s independent history. Article 22 articulates this right as follows: "Freedom of conscience is absolute. The State shall guarantee the inviolability of places of worship and the freedom to perform religious rites and to hold religious processions and meetings in accordance with the customs observed in the country." The 2002 Bahrain Constitution with amendments through 2017 also protects freedom of religion, Article 18 protects against discrimination based on religion. Article 22 protects freedom of religious thought, stating: "Freedom of conscience is absolute. The State guarantees the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country." It is noteworthy that Article 2 states Islam is the official religion and legislation is guided by Islamic Shari’a.

References:

“Bahrain Old Constitution (1973).” International Constitutional Law Project. Accessed July 20, 2023. https://www.servat.unibe.ch/icl/ba01000_.html

Bahrain 2002 (Rev. 2017) Constitution.” Constitute:. https://www.constituteproject.org/constitution/Bahrain_2017?lang=en.

Article 41 of the 1972 Bangladesh Constitution states that: "(1) Subject to law, public order and morality- (a) every citizen has the right to profess, practice or propagate any religion; (b) every religious community or denomination has the right to establish, maintain and manage its religious institutions. (2) No person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruc- tion, ceremony or worship relates to a religion other than his own.."

References:

http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf

Barbados’s Constitution of 1966 was the first document to protect freedom of religion in the country’s independent history. The preamble states the country was "founded upon principles that acknowledge the supremacy of God" among other principles. Article 19 grants religious freedoms and protections: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."

References:

https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html

The Belarus Constitution of 1994 contains the first assertion of freedom of religion in the country’s post-Soviet history. Articles 14, 16, and 31 grant religious freedom and protections. Article 5 bans activities of political parties and public associations with the aim of religious hatred.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Articles 20 and 21 of the 27 October 1830 Draft Constitution of Belgium described protection of freedom of religion. Article 20 protected freedom of opinion, and Article 21 stated that "The public exercise of a belief [culte] may not be impeded except by virtue of a law, and only in the case in which it troubles the public order and tranquility."

Articles 14-16 of Belgium’s 1831 Constitution codified protections of freedom of religion. However, Article 14 outlines legal limits to this freedom: “The freedom of religions, their public exercise, as well as the liberty of expressing their opinions on every matter, are guaranteed; reserving the right of repressing crimes committed in the exercise of these liberties.”

References:

English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults

1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831

Freedom of religion was first guaranteed in Belize by its Constitution of 1981. Articles 3 and 11 protect religious freedom and equality. Preamble claims the supremacy of God.

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of religion, conditioned by respect for public order.

Under the 1990 Constitution of Benin, Articles 23 and 26 offer freedom of religion and prohibit religious discrimination under the law. Articles 2 and 5 define Benin as a secular state.

References:

"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=#

1990 Constitution of the Republic of Benin:

https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf

According to Article 7.4 of the 2008 Constitution of the Kingdom of Bhutan, "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement."

References:

2008 Constitution of the Kingdom of Bhutan: "Article 7: Fundamental Rights," Constitution of the Kingdom of Bhutan, 2008, 14: https://heinonline-org.proxygw.wrlc.org/HOL/Page collection=cow&handle=hein.cow/zzbt0002&id=22&men_tab=srchresults

Freedom of conscience is recognized in Title II of Bolivia’s 1826 Constitution, which also states that the country’s religion is Catholicism: "The Catholic Apostolic Roman Religion is that of the Republic, to the exclusion of every other. The Government will protect it, and cause it to be respected; recognizing the principle of freedom of conscience."

Article 3 of the 1851 Constitution of the Bolivian Republic also addressed questions of conscience and exercise: "The Apostolic Roman Catholic religion is the religion of Bolivia. The law protects and guarantees its exclusive worship, and prohibits the exercise of any other; nevertheless acknowledging the principle that there is no human power over consciences."

Articles 4, 14, 21, 86, and 104 of the 2009 Constitution protect religious freedom and prohibit religious discrimination. Article 4 says that Bolivia is a secular state.

References:

1826 Constitution of Bolivia: English translation of the original Constitution of 1826 6 (2010) Title II: Of Religion. https://heinonline.org/HOL/P?h=hein.cow/zzbo0003&i=1

1851 Political Constitution of the Bolivian Republic: English translation of the original Constitution of 1851. 1149 (2010) The Public Rights of the Bolivians https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbo0007&id=1&men_tab=srchresults

“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009

In the aftermath of the annexation of Bosnia and Herzegovina by the Austro-Hungarian Empire, the Imperial Government wrote a constitution for Bosnia and Herzegovina. The relationship between the two political entities was described in Section 1 of the 1910 Constitution of Bosnia and Herzegovina: "Bosnia and the Herzegovina constitute a separate and homogeneous administrative territory, which, in conformity with the Law of the 22nd February, 1880 ... is subject to the responsible administration and control of the Imperial and Royal Joint Ministry." According to Section 8 of the 1910 Constitution of Bosnia and Herzegovina, "Liberty of conscience and faith are guaranteed. No one can be persecuted on account of his religious convictions, nor can his rights be restricted because of them. The exercise of domestic worship is secured to every person, and the exercise of public worship is assured to all recognized religious associations as far as such public worship does not run counter to public considerations. The religious sects recognized at present are the following (1.) Mohammedan. (2.) Servian Orthodox. (3.) Roman Catholic and Greek Catholic. (4.) Evangelical of Augsburg and Helvetian Confession. (5.) Jewish. The enjoyment of civic and political rights is wholly independent of religious convictions, but these latter must not interfere with the due performance of civic duties."

The Bosnia and Herzegovina Constitution of 1995 contains the first assertion of freedom of religion in the country’s independent history. Articles 1.7(b), 2.3(g), and 2.4 protect religious freedoms and equality and prohibit religious discrimination.

References:

1910 Constitution of Bosnia and Herzegovina: British and Foreign State Papers (1912) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0105&id=549&men_tab=srchresults#

“Bosnia and Herzegovina 1995 (rev. 2009).” Constitute. Accessed July 20, 2023. https://www.constituteproject.org/constitution/Bosnia_Herzegovina_2009

According to Article 11 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own. (4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society."

References:

1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana

According to Article 179.5 of the 1824 Political Constitution of the Empire of Brazil, "No one may be persecuted by reason of religion, so long as he respects that of the state and does not offend public morals."

The 1890 Constitution guaranteed free exercise: "All individuals and religious denominations may publicly and freely exercise their worship, associating themselves for this purpose, and acquiring property within the limits prescribed by the law of mortmain." In a number of ways the 1890 Constitution asserted separation of church and state, including emphasis on the secular character of public instruction and cemeteries, the civil character of marriage recognized by the state, and a ban on official subsidies or other relationships between religious groups and federal or state governments. The 22 June 1890 Constitution also barred Jesuits from Brazil, though as Thomas Skidmore describes this ban was lifted before the Constitution came into effect: "The initial draft of the Constitution of 1891, for example, contained a clause which would have again banned the order from Brazil. The provision was removed by the Constituent Assembly, which nonetheless endorsed a proposed prohibition of any new convents or monastic orders."

The final version of the 1891 Constitution offered a briefer description of freedom of religion in Article 179, Section V: "No one can be persecuted on account of his religion so long as he respects that of the state and does not offend public morals." Even so, the 1891 Constitution established an official religion in Article 5: "The Apostolic Roman Catholic religion shall continue to be the religion of the Empire. All other religions shall be permitted with their domestic or private worship in buildings destined therefor, but without any exterior form of a temple."

References:

"Title VIII: General Provisions and Guarantees of the Civil and Political Rights of Brazilian Citizens," Constitution of the Empire of Brazil, 1824 : 250: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0040&id=14&men_tab=srchresults

English translation of the Portuguese original text of the Constitution of 22 June 1890 23 (2013) Section II: Declaration of Rights : https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbr0396&id=23&collection=cow&index=

English translation of the original Constitution of 1891. [8] (2013) Title II: Of Brazilian Citizens; Title VIII: Of the General Dispositions and Guarantees of the Civil and Political Rights of Brazilian Citizens, Constitution of the Empire of Brazil (1891): [8]; [29]: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbr0153&id=30&men_tab=srchresults#

Skidmore, Thomas E. “Eduardo Prado: A Conservative Nationalist Critic of the Early Brazilian Republic, 1889-1901.” Luso-Brazilian Review 12, no. 2 (1975): 154. http://www.jstor.org/stable/3512939.

The Constitution of Brunei Declares the Shafi’i school of Sunni Islam (Shafeite sect) the Official religion of the country, Part IX 84.1 states that all no person shall be appointed to any office not professing the Islamic religion. However, Part II, Article 3, Section 1 states, “all other religions may be practiced in peace and harmony by the persons professing them.” This Assertion is first seen in the 1959 Constitution of Brunei Darussalam.

References:

CIA World Factbook. Brunei. https://www.cia.gov/the-world-factbook/countries/brunei/#government

U.S. Department of State 2022 Report on International Religious Freedom: Brunei https://www.state.gov/reports/2022-report-on-international-religious-freedom/brunei

International Commission of Jurists. Constitution of Brunei Darussalam 1959. https://www.icj.org/wp-content/uploads/2013/04/Brunei-Constitution-1959-eng.pdf

Article 37 of the 1879 Constitution of Bulgaria established "the Orthodox Eastern Confession" as the official religion. However, Article 40 of the 1879 Constitution offered broad freedom to express religious faith: "Christians of other than the Orthodox faith, and those professing any other religion whatever, whether Bulgarian-born subjects or naturalized, as well as foreigners permanently or temporarily domiciled in Bulgaria, have full liberty to profess their religion, unless the performance of their rites violates common law." In line with the last clause of Article 40, Article 41 denied the assertion of religious freedom as a reason to except oneself from general laws: "No one can, under pretext of religious scruples, exempt himself from conformity with the general laws which are binding on all in common."

Article 78 of the 1947 Constitution of the People's Republic of Bulgaria more broadly promised religious liberty: "Citizens are guaranteed freedom of conscience and religion, and of performing religious rites. The Church is separate from the State."

The Constitution of the Republic of Bulgaria was ratified on 12 July 1991. Articles 6.2, 11.4, 13, 37, and 44.2 grant religious protections and freedoms.

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter IX: Religion: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults

1947 Constitution of the People's Republic of Bulgaria: "Chapter VIII: Basic Rights and Obligations of Citizens," Constitution of the People's Republic of Bulgaria : 241-244 https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbg0007&id=9&collection=cow&index=

1991 Constitution of Bulgaria: https://www.parliament.bg/en/const

Article 14 of the 1970 Constitution of Upper Volta reads: "Freedom of religious belief, profession and practise, subject to the maintenance of public order, shall be guaranteed to all by the Constitution."

Under Chapter I, Article 7, Freedom of Religion is asserted in the 1991 Constitution of Burkina Faso. This article also specifies that respect for the law, public order, good morals, and the human person must be upheld with free practice. Equality regardless of religion is also guaranteed under Article I.

References:

1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults

Food and Agriculture Organization of the United Nations. Constitution of Burkina Faso. 1991. https://faolex.fao.org/docs/pdf/bkf128139E.pdf

Freedom of religion was asserted in the 1962 Constitution of the Kingdom of Burundi. Burundi became independent in 1962 from the Belgium administration. Article 13, under Title II, covers freedom of worship.

References:

Constitution of Burundi. 1962. https://upload.wikimedia.org/wikipedia/commons/a/a5/Constitution_du_Burundi_de_1962.pdf

The 1947 Constitution of Cambodia declares Buddhism as the religion of the state. However, It asserts under Article 8 that, “Liberty of conscience is absolute. So is that of worshiping…” but limits this liberty of worship by articulating that it “suffers no other restrictions than those made necessary by the maintenance of Public order.”

Articles 31 and 43 of the 1993 Constitution grant religious equality under the law and religious freedom of worship, respectively. Article 43 of the 1993 Constitution declares Buddhism the national religion and Article 68 promotes Buddhist institutions.

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

The 1972 constitution of Cameroon first asserts that Freedom of religion and worship shall be guaranteed in Article 15 of the preamble. In Article 14 the state is declared secular and neutral, also opening the preamble with adherence to the 1948 Universal Declaration of Human Rights. While not specifically mentioned in the 1961 Constitution, it also affirms adherence to the Universal Declaration of Human Rights, which covers religious freedom under Article 18.

References:

1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

As part of the Constitution Act of 1982, Part I B(2) and F(15) grant religious freedoms and protections. Part I of the 1982 Constitution Act asserts the supremacy of God.

References:

Constitution Act of 1982: https://laws-lois.justice.gc.ca/pdf/const_e.pdf

Freedom of religion is first asserted in the 1980 Constitution of the Republic of Cabo Verde. Articles 42.1, 44.1, 45.1, 47.2-3, and 48 grant religious freedoms and prohibit religious discrimination. This constitution guarantees freedom from religious discrimination, separation of church and state, freedom of religious instruction, guaranteed religious presence in hospitals, prisons, and armed forces, and the protection of religious places of worship.

References:

Constitute Project. Constitution of the Republic of Cabo Verde. 1980. https://www.constituteproject.org/constitution/Cape_Verde_1992

Article 8 of the 1994 Constitution reads: "The freedom of conscience, of assembly and the free exercise of worship are guaranteed to all within the conditions fixed by law. Any form of religious fundamentalism and intolerance is forbidden."

The Constitution of the Central African Republic was ratified on March 27, 2016. Articles 6 and 10 grant religious freedom, equality, and protections from discrimination. Article 25 declares separation of church and state.

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

“Central African Republic 2016 Constitution.” Constitute. Last modified 2016. https://www.constituteproject.org/constitution/Central_African_Republic_2016

Article 5 of the 1959 Chad Constitution guaranteed religious freedom: "the Republic assures to all equality of rights without distinction of race, of origin or of religion. Each one professes their religion freely and receives from the State, for the exercise of their belief [culte], an equal protection;"

The 2018 Chad Constitution also guarantees religious freedom, in Title II, Chapter I, Article 27. Article 14 of Title II also guarantees equality without distinction of origin, of race, of sex, of religion, of political opinion or of social position.

References:

1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults

2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en

Freedom of Religion was first guaranteed in the 1925 Constitution of The Republic of Chile under Chapter III, Article 10, Section 2: "Practice of all beliefs, liberty of conscience and the free exercise of all religions that may not be contrary to morality, good usage and public order."

Article 10.2 of the 1980 Chile Constitution with revisions up to 2021 offers a very similar formulation of freedom of religion.

References:

Constitute Project. 1925 Constitution of the Republic of Chile. https://www.constituteproject.org/constitution/Chile_1925?lang=en

1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021

Article 6.7 of the 1912 Provisional Constitution of the Republic of China guaranteed freedom of religion.

Article 36 of the People's Republic of China Constitution of 1982 with Amendments through 2018 continues to offer a guarantee of freedom of religion: "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination." However, according to the US State Department in 2018: "The constitution states citizens have freedom of religious belief but limits protections for religious practice to “normal religious activities” and does not define “normal.” The government continued to exercise control over religion and restrict the activities and personal freedom of religious adherents when the government perceived these as threatening state or Chinese Communist Party (CCP) interests, according to nongovernmental organization (NGO) and international media reports. Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant) are permitted to register with the government and officially permitted to hold worship services."

References:

1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT: https://www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf

Article 5(5) of the 1853 Constitution of New Grenada guaranteed: "The free profession of religion, whether public or private, so long as it does not disturb the public peace, offend good morals, or obstruct others in their worship;"

Article 19 of the 1991 Constitution states: "Freedom of religion is guaranteed. Every individual has the right to freely profess his/her religion and to disseminate it individually or collectively. All religious faiths and churches are equally free before the law."

References:

1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults

1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015

Religious Freedom is not guaranteed in Comoros. The Constitution declares Sunni Islam the religion of the state under Chapter V, Article 97 under the current constitution. However, Under Title I, Chapter I, Article 2, equality before the law is guaranteed regardless of religion.

U.S. Department of State. Report on International Religious Freedom. 2021. Comoros. https://www.state.gov/reports/2021-report-on-international-religious-freedom/comoros/

Constitute Project. 2018 Constitution of Comoros. https://www.constituteproject.org/constitution/Comoros_2018

Under Title II, Article 24, Freedom of religion is affirmed in the 1964 Constitution of the Democratic Republic of the Congo. However, It does state that worship, teaching, practices, and performance of worship should be subject to the respect of public order and good morals. The current Constitution was ratified on February 18, 2006. Articles 13, 22, 45, and 61.7 grant religious protections and freedoms. It also declares the Democratic Republic of the Congo as a secular state.

U.S. Department of State. Report on Religious Freedom. 2022. Democratic Republic of The Congo. https://www.state.gov/reports/2022-report-on-international-religious-freedom/democratic-republic-of-the-congo/

Wikisource. Translated 1964 Constitution of the Democratic Republic of the Congo. https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights

https://www.constituteproject.org/constitution/Democratic_Republic_of_the_Congo_2011.pdf?lang=en

The first assertion of freedom of religion was in the 1991 Constitution of the Republic of the Congo under Title II, Article 26. This article articulates freedom of conscience and belief in religious and philosophical ideas and includes the specification that no one should be relieved from fulfilling a civic duty because of religious opinion. The current Constitution of the Republic of the Congo was ratified on September 22, 2015. Articles 15 and grant religious freedom, equality, and protections. The preamble, Articles 1 and 61 declare the Republic of the Congo as a secular state.

Constitution of the Republic of Congo, Refworld, UNHCR 1992. https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=52930da94

https://www.constituteproject.org/constitution/Congo_2015.pdf?lang=en

The Constitution of Costa Rica was ratified on 1949 November 7. Article 75 both declares the Roman Catholic Church as the official religion of Costa Rica and grants freedom of religion.

https://www.constituteproject.org/constitution/Costa_Rica_2011.pdf

Under Title III, Section II, Article 40, Freedom of religion is first asserted in the 1991 Constitution of The Republic of Croatia. Equality regardless of religion is also guaranteed under Article 14.

Food and Agriculture Organization of the United Nations. Croatia's Constitution of 1991 with Amendments through 2001. https://faolex.fao.org/docs/pdf/cro129771.pdf

Article 26 of the 1901 Constitution of Cuba, adopted in 1902, asserted separation of church from state and freedom of religious practice, "without further restriction than that demanded by the respect for Christian morality and public order."

The Constitution of Cuba was ratified on 24 February 2019. Articles 15, 42, and 57 grant religious freedoms, equality, and prohibit religious discrimination. Articles 15 and 32.b declare Cuba a secular state.

References:

1901/1902 Constitution: English translation of the Spanish original text of the Constitution of 1901/2. 155 (2010) Section I: Individual Rights: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcu0004&id=4&men_tab=srchresults

https://www.constituteproject.org/constitution/Cuba_2019.pdf?lang=en

Under part II, Article 18, Freedom of Religion was first asserted in the 1960 Constitution of Cyprus. This Constitution was adopted upon independence from the UK in the same year.

International Labour Organization. Constitution of Cyprus 1960. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/47927/136251/F-1750868360/CYP47927_LEG_Constitution%201960.pdf

CIA World Factbook. Cyprus. https://www.cia.gov/the-world-factbook/countries/cyprus/

The first assertion of freedom of religion within the Czech Republic was asserted in the 1960 Constitution of Czechoslovakia under Chapter II, Article 32. However, In the 1992 Constitution of the Czech Republic, freedom of religion is not mentioned. Instead, there is a supplemental document, The Charter of Fundamental Rights and Freedoms, under the Constitutional Order of 1992 that covers religious freedom under Article 15.

International Labour Organization. Constitution of the Czech Republic https://www.ilo.org/dyn/travail/docs/1967/Constitution%20of%20the%20Czech%20Republic.pdf

World Statesman. Constitution of Czechoslovakia. 1960. https://www.worldstatesmen.org/Czechoslovakia-Const1960.pdf

CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf

As early as 1849, elements of the right to religious freedom were asserted in the Fundamental Law of the Kingdom of Denmark. According to Article 76 of the 1866 revised version of the 1849 Fundamental Law, "Citizens shall have the right to organize themselves into societies for the worship of God according to their convictions, provided that their doctrines and conduct do not violate good morals or public order." Article 79 of the 1866 revision held that there could be no religious test for enjoyment of civil rights, or relief from civil obligations by reason of religion. Articles 75 and 78 of the 1866 revision described the legal regulation of the national church and of other churches.

Article 77 of the 1866 revision required that those unable to show membership in a denomination recognized by the government "shall pay into the educational funds the personal taxes authorized by law for the use of the national church." The 1953 Constitutional Act of Denmark addresses religious liberty in Sections 66-70, and in Section 68 asserts: "No one shall be liable to make personal contributions to any denomination other than the one to which he adheres."

References:

1849 Fundamental Law of the Kingdom of Denmark: French translation of the Fundamental Law of 1849 1218 (2010) Fundamental Law of the Kingdom of Denmark: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0006&collection=cow

Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 278 (2010), VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0009&id=12&collection=cow&index=

1953 Constitutional Act of Denmark: https://www.thedanishparliament.dk/-/media/sites/ft/pdf/publikationer/engelske-publikationer-pdf/the_constitutional_act_of_denmark_2018_uk_web.pdf

Djibouti’s constitution, adopted in 1992, affirms Islam as the state’s religion, though it respects all faiths and protects freedom of religion. The right is guaranteed under Article 11 (Djibouti 1992).

Djibouti. 1992 "Djibouti 1992 (rev. 2010)" Constitute Project. https://www.constituteproject.org/constitution/Djibouti_2010

After its independence from the United Kingdom in 1979, the Commonwealth of Dominica adopted its Constitution, which had been written the year prior. Article 9 deals with “Protection of conscience” and protects freedom of religion (Dominica 1978).

Dominica. 1978 “Dominica 1978 (rev. 2014)” Constitute Project https://www.constituteproject.org/constitution/Dominica_2014

Article 11, Section 18 of the 1887 Constitution of the Dominican Republic offered religious toleration, observing that Roman Catholicism was the official religion, but allowing that "Other sects may hold their services freely in their respective houses of worship."

References:

English translation of the Constitution of 1887. 757 (2010) Chapter III: National Guarantees:https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0006&id=3&men_tab=srchresults

Created and ratified in 2002 after the country gained independence from Indonesia, the Constitution of East Timor guarantees its citizens freedom of religion. Two sections grant this right: Sections 1 and 2 under Article 12 and Sections 1 through 4 under Article 45 (Timor-Leste 2002).

Article 12 asserts: "1. The State shall recognise and respect the different religious denominations, which are free in their organisation and in the exercise of their own activities, to take place in due observance of the Constitution and the law. 2. The State shall promote the cooperation with the different religious denominations that contribute to the well-being of the people of East Timor."

Article 45 holds: "1. Every person is guaranteed the freedom of conscience, religion and worship and the religious denominations are separated from the State. 2. No one shall be persecuted or discriminated against on the basis of his or her religious convictions. 3. The right to be a conscientious objector shall be guaranteed in accordance with the law. 4. Freedom to teach any religion in the framework of the respective religious denomination is guaranteed."

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

The first liberal constitution of Ecuador was adopted in 1897, establishing and protecting freedom of religion in the country for the first time. Article 13 under Section IV states that "The State respects the religious beliefs of the inhabitants of the Equator, and shall cause the exercise of the same to be respected. Religious belief shall be no obstacle to the exercise of political and civil rights."

Under the 2008 Constitution, Articles 11.2, 19, 66.8, 66.11, and 66.28 grant religious freedom, equality, and prohibit religious discrimination., and Article 1 declares Ecuador a secular state.

References:

1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults

2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.

The Royal Decree No. 42 of 1923 On Building a Constitutional System for the Egyptian State guarantees Egyptian citizens equal civil and political rights, regardless of religion, stated in Article 3 (“Royal Decree No. 42 of 1923” 1923). Article 12 of that document asserted the absolute character of freedom of belief. Article 13 described conditions with reference to religious practice: "The State shall safeguard the freedom of performing religious rites and beliefs as per traditions observed in Egyptian territories provided that such shall not breach public order or contradict morals."

However, it was the Constitution of 1956 that made freedom of belief absolute in the constitution’s bill of rights (“The New Egyptian Constitution” 1956). Under the 2014 Constitution of the Arab Republic of Egypt, Articles 53 and 64 grant religious freedom, equality, and prohibit religious discrimination, and Article 2 declares Islam Egypt’s official religion and Sharia a guiding principle of legislation.

References:

“Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf

The New Egyptian Constitution. (1956). Middle East Journal, 10(3), 300–306. http://www.jstor.org/stable/4322826

https://www.constituteproject.org/constitution/Egypt_2019?lang=en

According to Chapter I, Article3 of the 1841 Constitution of the State of Salvador, " The religion professed by the State of Salvador is the Catholic, Apostolic Roman, the only true one, and the Government will protect the same by wise, just, and beneficent laws; but it declares that every person is free to worship God according to the dictates of his conscience, without any power or authority being able, by laws, decrees, or mandates, of whatsoever kind they may be, to interfere with, or do violence to, private belief."

The Constitution of 1886, more liberal than the previous constitutions of El Salvador, guaranteed freedom of religion to all citizens. This is found under Article 12 under Section II of the constitution (“Constitucion de 1886” 1886. 2). Under the 1983 Constitution of El Salvador, Articles 3, 6, 25 and 58 grant religious freedom, equality, and prohibit religious discrimination, and Article 26 recognizes the Catholic Church.

References:

1841 Constitution of the State of Salvador: English translation of the Constitution of 1841. 207 (2010) https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzsv0002&id=2&collection=cow&index=

“Constitucion de 1886” 1886. Jurisprudencia https://www.jurisprudencia.gob.sv/DocumentosBoveda/D/2/1880-1889/1886/08/886EC.PDF

https://www.constituteproject.org/constitution/El_Salvador_2014.pdf?lang=en

The Constitution of 1973 of Equatorial Guinea addresses freedom of religion and belief in Article 35. Though it states that citizens can practice religion within the confines of the law, they are not allowed to use faith or religious beliefs to oppose the principles and purposes of the State (“Constitucion de 1973” 1973). Under the 1991 Constitution of the Republic of Equatorial Guinea, Articles 13(f), Article 15.1, and 24.3-4 grant religious freedom, equality, and prohibit religious discrimination.

“Constitucion de 1973” 1973. Guinea Ecuatorial

https://www.constituteproject.org/constitution/Equatorial_Guinea_2012.pdf?lang=en

The earliest document that assures freedom of religion in Eritrea is Proclamation No. 73/1995 of 1995. It “calls for separation of religion and state; outlines the parameters to which religious organizations must adhere, including concerning foreign relations and social activities; establishes an Office of Religious Affairs; and requires religious groups to register with the government or cease activities” (U.S. Department of State 2019. 3). Though freedom of religion is present in the draft constitution of Eritrea, it has not been ratified since its introduction in 1997.

U.S. Department of State 2019. “ERITREA 2019 INTERNATIONAL RELIGIOUS FREEDOM REPORT” https://www.state.gov/wp-content/uploads/2020/06/ERITREA-2019-INTERNATIONAL-

The first constitution of Estonia, created in 1920, grants Estonian citizens the right to freedom of religion. Paragraph 6 and 11 states that there is freedom of “religion and conscience” and their practice will not be hindered, “provided it does not interfere with public orders and morals” (“Constitution of the Esthonian Republic” 1920). Under the 1992 Constitution of the Republic of Estonia, Articles 12, 40, and 124 grant religious freedom, equality, and prohibit religious discrimination.

“Constitution of the Esthonian Republic” 1920. Estonian Republic

https://www.riigiteataja.ee/en/eli/521052015001/consolide

Eswatini’s current constitution, created and adopted in 2005, protects the right to freedom of religion for the citizens of the country. Article 23 deals with the protection of freedom of conscience and religion, with Sections 1, 2, 3, and 4 ensuring the freedom (Eswatini 2005).

Eswatini 2005. “Eswatini 2005” Constitute Project https://www.constituteproject.org/constitution/Swaziland_2005

The 1955 Constitution of Ethiopia ensures the right to freedom of worship to its citizens in Article 40. The section states that “there shall be no interference with the exercise, in accordance with the law, of the rites of any religion or creed by residents of the Empire, provided that such rites are not utilized for political purposes or prejudicial to public order or morality” (“1955 Revised Constitution of Ethiopia” 1955). However, it is the 1994 Constitution that explicitly states that citizens in Ethiopia have the full legal right to freedom of religion (Ethiopia 1994). Articles 11, 21, 25, 27, and 38 of the 1994 Constitution grant religious freedom, equality, and prohibit religious discrimination, and Article 11 declares a separation of church and state.

Ethiopia 1994. “Ethiopia 1994” Constitutenet.org https://www.constituteproject.org/constitution/Ethiopia_1994

“1955 Revised Constitution of Ethiopia” 1955. Chilot.me https://chilot.files.wordpress.com/2011/04/1955-revised-constitution-of-ethiopia1.pdf

Since the country’s independence in 1970, freedom of religion has been protected in Fiji. Freedom of conscience was first protected by Article II, Section 3 of the 1970 constitution of Fiji.. Under the 2013 Constitution of the Republic of Fiji, Articles 4, 17, 22, and 26 grant religious freedom, equality, and prohibit religious discrimination.

Freedom of conscience was first protected by Article II, Section 3 of the 1970 constitution of Fiji.

References:

1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf

2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution.

The Finnish Constitution Act of 1919 stipulated that “a Finnish citizen has the right to practice religion publicly and privately, provided that the law and good practices are not violated, as well as, as separately provided thereon, the freedom to renounce the religious community to which he belongs and the freedom to join another religious community.” This assurance is found under Section 8 and applies to all citizens of Finland (“Constitution Act” 1919). Under the 2000 Constitution of Finland sections 6 and 11 grant religious freedom, equality, and prohibit religious discrimination.

“Constitution Act” 1919 Finland

https://oikeusministerio.fi/en/constitution-of-finland

France laid the groundwork for inalienable rights to freedom of expression through the Declaration of the Rights of Man, and of the Citizen. Article 11 of this 1789 document states, “The free communication of ideas and of opinion is one of the most precious rights of man.” The 1791 French Constitution utilized this phrasing in its 11th Article to enshrine freedom of expression, and continues this tradition of citing the Rights of Man in the 1958 Constitution.

References English translation of the French original text of the Declaration of 1789, 2 (2010) Declaration of the Rights of Man and Citizen, 1789 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0143&id=2&men_tab=srchresults

English translation of the French original text of the Constitution of 1791, 60 (2010) https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzfr0138&id=3&men_tab=srchresults

English original text of the Constitution of 1958, together with the Preamble of 1946, 77 (2010) https://heinonline.org/HOL/Page?handle=hein.cow/zzfr0147&id=3&collection=cow&index=

Gabon’s Constitution of November 14, 1960, granted its citizens the right to freedom of religion in its texts. The second point of the First Article establishes freedom of religion and conscience to all (“Constitution du 14 novembre 1960” 1960).Under the 1991 Constitution of Gabon, Articles 1.2, 1.13, and 2 grant religious freedom, equality, and prohibits religious discrimination, and Article 2 declares Gabon a secular state.

“Constitution du 14 novembre 1960” 1960. Digithèque MJP https://mjp.univ-perp.fr/constit/ga1960.htm

Constitution Project. “Gabon's Constitution of 1991 with Amendments through 2011.” Constitute. POGO, April 27, 2022. https://www.constituteproject.org/constitution/Gabon_2011.pdf?lang=en&lang=en.

The Gambia Independence Order of 1965, written on January 29th, 1965, and presented to the British Parliament in the same year, protects and guarantees the right to freedom of religion in Gambia. Article 19 deals with freedom of conscience and its six sections address freedom of religion, granting it to all citizens (“The Gambia Independence Order” 1965). Under the 2020 Constitution of the Gambia Articles 1.3, 4.d, 12, 32, 49, 67, 69, 274.1(d), and 296.2(d) offer extensive religious protections and prohibit religious discrimination, and Articles 88.5(b) and 153.2(b) declare that the president and national assembly may not establish a national religion.

“The Gambia Independence Order” 1965. Citizenshiprightsafrica.org http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf

Constitution Project “Gambia (the) 2020 Constitution.” Constitute. POGO, April 27, 2022. https://www.constituteproject.org/constitution/Gambia_2020D?lang=en#:~:text=Gambia%20(The)%202020%20Constitution%20%2D%20Constitute.

Before falling under the influence of the Soviet Union and becoming a soviet socialist republic, the short-lived, first modern establishment of the republic of Georgia (The Democratic Republic of Georgia) adopted a constitution that only lasted four days. This constitution, ratified in 1921, granted its citizens the right to freedom of religion under Article 31 (“Constitution of Georgia, 1921” 1921). After Georgia gained independence from the Soviet Union, the country adopted a new constitution in 1995. Articles 11.1, 11.2, 16.1, and 16.3 grant religious freedom, equality, and prohibit religious discrimination. Article 8 recognized the Orthodox Church of Georgia, but not declare it the national religion outright.

References:

“Constitution of Georgia, 1921” 1921 მატიანე https://matiane.wordpress.com/2012/09/04/constitution-of-georgia-1921/

Georgia 1995 “Georgia 1995 (rev. 2018)” Constitute Project https://www.constituteproject.org/constitution/Georgia_2018

State Constitutional Commission of Georgia. “Constitution of Georgia.” Legislative Herald of Georgia. Departments of the Parliament of Georgia, August 24, 1995. https://matsne.gov.ge/en/document/view/30346?publication=36.

Article 18 of the 1818 Baden Constitution states: "Every resident of the country shall enjoy unhindered freedom of conscience and the same protection shall be provided in consideration for the way in which he worships God."

Article 5 of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted religious freedom.

Articles 135-137 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) guarantee religious freedom. Article 135 guarantees free exercise, Article 136 denies the legality of linkage between religious belief or practice and civil or political rights, and Article 137 asserts the lack of a state church.

References:

1818 Baden Constitution: https://www.constituteproject.org/constitution/Baden_1818

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 211-212: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

The Constitution of Ghana was ratified 28 April 1992. Articles 12.2, 17.2, 17.3, 21.1(c), and 26.1 grant religious freedom, equality, and prohibit religious discrimination. Article 21 Section 1.c states that “[a]ll persons shall have the right to… freedom to practice any religion and to manifest such practice…”.

Parliament of Ghana. “The Constitution of the Republic of Ghana 1992.” Judicial Service of Ghana. Republic of Ghana Judiciary , 1992. Last modified 1992. Accessed June 14, 2022. https://www.judicial.gov.gh/index.php/preamble.

“Ghana 1992 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Ghana_1996.

The Constitution of Greece was ratified 11 June 1975. Part 1 Section II Article 3.1-2 of Greece’s constitution establishes “[t]he prevailing religion in Greece is that of the Eastern Orthodox Church of Christ…” and that “the ecclesiastical regime existing in certain districts of the State shall not be deemed contrary to the provisions of the preceding paragraph” (constituteproject.org). Articles 5.2 and 13 protect religious freedom, equality, and prohibit religious discrimination. Part 2 Article 13.1-2 states that “Freedom of religious conscience is inviolable. The enjoyment of civil rights and liberties does not depend on the individual's religious beliefs. All known religions shall be free and their rites of worship shall be performed unhindered and under the protection of the law. The practice of rites of worship is not allowed to offend public order or the good usages. Proselytism is prohibited” (constituteproject.org).

“Greece 1975 (Rev. 2008) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Greece_2008.

Hellenic Parliament. “001-156 Syntagma UK New - Hellenic Parliament.” Hellenic Parliament. Hellenic Parliament, 2008. Last modified 2008. Accessed June 14, 2022. https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-156%20aggliko.pdf.

The Grenada Constitution of 1973 was ratified on 19th of December 1973. It grants religious freedom, equality, and prohibits religious discrimination. The preamble acknowledges the supremacy of God. Chapter I Article 9.1-6 states “[e]xcept with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance” (constituteproject.org).

“Grenada 1973 (Reinst. 1991, Rev. 1992) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Grenada_1992.

Government of Grenada . “The Grenada Constitution.” Government of Grenada. Government of Grenada , 1973. Last modified 1973. Accessed June 14, 2022. http://gov.gd/index.php/government/the-constitution.

Guatemala’s first state constitution was enacted in 1825 however it stated that the country’s official religion is to be the Roman Catholic Apostolic Religion. However, the freedom to identify with, or practice, alternative religions first was asserted in 1839 under Decree Number 76, which is titled the “Law of Guarantees.” Article III states, “The Roman Catholic Apostolic Religion is that of the State; it shall be protected by the laws, and its establishments and ministers respected, but those who may be of another faith shall not be molested therefor.”

Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 19, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzgt0087&collection=cow

Article 41 of the 1958 Constitution of the Republic of Guinea guaranteed freedom of conscience.

In the 2010 Constitution of the Republic of Guinea. Articles 1, 4, 7, 8, 11, and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Guinea a secular state. Article 14 of Guinea’s constitution establishes that “the free exercise of worship [culte] is guaranteed, under reserve of the respect for the law and the public order. The religious institutions and communities are created and administered freely” (constituteproject.org).

References:

1958 Guinea Constitution: République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.

“Guinea 2010 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_2010.

Freedom of worship was guaranteed in Article 17 of Guinea-Bissau’s 1973 Constitution.

The Constitution of Guinea-Bissau was ratified on 6 May 1984. Articles 6.2, 24, 31.2, and 52 grant religious freedom, equality, and prohibit religious discrimination. Articles 1 and 130 declares Guinea-Bissau a secular state; and Article 6.1 declares a separation between church and state. Article 52 Sections 1-3 of the constitution establishes that “1. Freedom of conscience and of religion is inviolable. 2. All are assured the liberty of worship, which in no manner may violate the fundamental principles established by this Constitution. 3. The freedom to teach any religion under its denomination is guaranteed” (constituteproject.org).

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s

“Guinea-Bissau 1984 (Rev. 1996) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guinea_Bissau_1996.

Article 11 of the 1966 Constitution protected freedom of conscience, described as including: "freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others. and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance."

The Constitution of the Co-operative Republic of Guyana Act was ratified 20th February, 1980. Articles 38(f), 145.2, and 145.3 grant religious freedom, equality, and prohibit religious discrimination. Articles 212B(a) and 212D(f) establish an Ethnic Relations Commission to protect religious diversity. Article 145 Sections 1-6. Section 1 states that “[e]xcept with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance” (constituteproject.org).

References:

1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.

Parliament of Guyana. “Constitution of the Co-Operative Republic of Guyana Act .” Parliament Government of Guyana. National Assembly of the Parliament of Guyana, January 2012. Last modified January 2012. Accessed June 14, 2022. https://parliament.gov.gy/Constitution%20of%20the%20Cooperatiive%20Republic%20of%20Guyana.pdf.

“Guyana 1980 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Guyana_2016.

Haiti enacted its first constitution in 1801 which asserted the Catholic religion, Roman and Apostolic, to be the only religion “publicly professed,” (Mitch Abidor 2019). In 1805 however, Haiti enacted a new constitution that effectively retracts the Catholic religion as the official religion of the country. Furthermore, it states that “The freedom of worship is tolerated.” (“Haiti: 1805 Constitution” 1805).

In the 1987 Constitution of Haiti, Articles 30, 30-1, and 30-2 grant religious freedoms. Section D Article 30 of the Haitian constitution states that “[a]ll religions and faiths shall be freely exercised. Everyone is entitled to profess his religion and practice his faith, provided the exercise of that right does not disturb law and order” (constituteproject.org).

Sources Mitch Abidor. 2019. “Constitution of 1801 by Haiti 1801.” Marxists.org. 2019. https://www.marxists.org/history/haiti/1801/constitution.htm.

“Haiti: 1805 Constitution.” 1805. Faculty.webster.edu. 1805. http://faculty.webster.edu/corbetre/haiti/history/earlyhaiti/1805-const.htm.

"Constitution for the Republic of Haiti, 1987": https://www.wipo.int/wipolex/en/text/217597

“Haiti 1987 (Rev. 2012) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Haiti_2012.

The Political Constitution of the Republic of Honduras was ratified on 11 January 1982. Articles 77 grants freedom of religion. Articles 60 and 61 bans all forms of discrimination and grants equality for all. The constitution of Honduras protects freedom of religion under Article 77 which states: “The free exercise of all religions and cults is guaranteed without preference to one, provided they do not violate the law and public order. Ministers of the various religions may not hold public office or engage in any form of political propaganda, invoking religious motives or, as a means to such end, thus taking advantage of the religious beliefs of the people” (constituteproject.org).

“Honduras 1982 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Honduras_2013.

Law 20 of 1848 asserted equality among confessions in Hungary.

Article 54 of the 1949 Hungary Constitution guaranteed citizens "freedom of conscience and the right to free exercise of religion."

The Fundamental Law of Hungary was ratified 18 on April 2011. The preamble distinguishes Christianity’s role in preserving nationhood. Articles 7, 9.5, 14.3, 15.2, and 37.4 grant religious freedom, equality, and prohibit religious discrimination. Article 7 states that “[e]veryone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life” (constituteproject.org).

References:

Hungary Loi 20 de 1848: F.R. Dareste; P. Dareste. Constitutions Modernes: Recueil des Constitutions en Vigueur dans les Divers Etats d'Europe, d'Amerique et du Monde Civilise (3). https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/comorcv0001&collection=cow&index=cow/comorcv516&id=516#

1949 Hungary Constitution: English translation of the Hungarian original text of the Constitution of 1949 669 (2013) Chapter 8: Rights and Duties of Citizens https://heinonline-org.mutex.gmu.edu/HOL/Page?collection=cow&handle=hein.cow/zzhu0045&id=12&men_tab=srchresults

“Hungary 2011 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Hungary_2016.

Ministry of Justice 2017. “The Fundamental Law of Hungary.” Website of the Hungarian Government. National Assembly of Hungary , May 19, 2017. Last modified May 19, 2017. Accessed June 14, 2022. https://2015-2019.kormany.hu/download/a/68/11000/The_Fundamental_Law_of_Hungary_01072016.pdf.

The Constitution of the Republic of Iceland was ratified on June 17, 1944. Article 62 establishes that “the Evangelical Lutheran Church shall be the State Church in Iceland and, as such, it shall be supported and protected by the State. This may be amended by law.” Articles 63, 64, and 65 grant religious freedom and equality. Article 63 states that “all persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. Nothing may however be preached or practised which is prejudicial to good morals or public order” (constituteproject.org).

“Iceland 1944 (Rev. 2013) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iceland_2013.

National Parliament of Iceland. “Constitution of the Republic of Iceland.” Government of Iceland. Prime Minister's Office , June 24, 1999. Last modified June 24, 1999. Accessed June 14, 2022. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf.

The Constitution of India was ratified on November 29, 1949. Articles 15, 16.2, 23.2, 25, 26, 27, 29.2, 30, and 325 grant religious Freedom, equality, and prohibit religious discrimination. Article 371 grants special religious protections throughout various states and religions of India. Article 25 Section 1 states that “[s]ubject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion” (constituteproject.org). According to the US Department of State in 2021, “ten of 28 states have laws restricting religious conversions. Four state governments have laws imposing penalties against so-called forced religious conversions for the purpose of marriage…” (state.gov).

Constituent Assembly. “The Constitution of India.” Government of India. Department of Legislation , November 26, 2021. Last modified November 26, 2021. Accessed June 14, 2022. https://legislative.gov.in/sites/default/files/COI...pdf.

“India - United States Department of State.” U.S. Department of State, June 10, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/india/.

“India 1949 (Rev. 2016) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/India_2016.

The Indonesia Constitution was ratified on August 18, 1945. Articles 28E, 28I, and 29.2 grant religious freedom; articles 28B and 28I prohibit any basis of discrimination. The preamble and article 29.1 states that the state of Indonesian is based on the One and Only God. Article 29 Section 2 states: "The State guarantees all persons the freedom of worship, each according to his/her own religion or belief." (constituteproject.org).

According to the US Department of State in 2021, “The constitution states citizens must accept restrictions established by law to protect the rights of others and to satisfy, as noted in the constitution, ‘just demands based upon considerations of morality, religious values, security, and public order in a democratic society.’”

“Indonesia - United States Department of State.” U.S. Department of State, June 2, 2022. https://www.state.gov/reports/2021-report-on-international-religious-freedom/indonesia/.

“Indonesia 1945 (Reinst. 1959, Rev. 2002) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Indonesia_2002.

The Constitution of the Islamic Republic of Iran was ratified on December 3, 1979. Articles 12 and 13 establish religious freedoms and restrictions in Iran. Article 12 states that “the official religion of Iran is Islam and the Twelver Ja'farî school [in usul al-Dîn and fiqh], and this principle will remain eternally immutable… These schools enjoy official status in matters pertaining to… affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law” while Article 13 provides for freedom of other religious minorities “Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education” (constituteproject.org).

References:

“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iran_1989.

Ramazani, Rouhollah K. “Constitution of the Islamic Republic of Iran.” Middle East Journal 34, no. 2 (1980): 181–204. http://www.jstor.org/stable/4326018.

Article 13 of the 1925 Iraq Constitution stated: "Islam is the official religion of the State. Freedom to practise the rites; of the different sects of that religion, as observed in Iraq, is guaranteed. Complete freedom of conscience and freedom to practise the various forms of worship, in conformity with accepted customs, is guaranteed to all inhabitants of the country provided that such forms of worship do not conflict with the maintenance of order and discipline or public morality."

The Constitution of the Republic of Iraq was ratified on September 18, 2005. Article 2.1 declares Islam the official religion of Iraq and foundation source of legislation: “Islam is the official religion of the State and is a foundation source of legislation. No law may be enacted that contradicts the established provisions of Islam…” Articles 2.2, 10, 14, 37.2, 41, and 43 grant religious freedom, equality, and prohibit religious discrimination. Article 2.2 states that “[t]his Constitution guarantees the Islamic identity of the majority of the Iraqi people and guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans” (constituteproject.org).

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

“Iraq 2005 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Iraq_2005.

Ireland’s first constitution resulted from a bilateral agreement in 1922 with the British Empire that granted Ireland independent sovereignty. Article 8 of the Constitution of the Irish Free State Act states, “Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen, and no law may be made either directly or indirectly to endow any religion, or prohibit or restrict the free exercise thereof or give any preference, or impose any disability on account of religious belief or religious status, or affect prejudicially the right of any child to attend a school receiving public money without attending the religious instruction at the school, or make any discrimination as respects State aid between schools under the management of different religious denominations, or divert from any religious denomination or any educational institution any of its property except for the purpose of roads, railways, lighting, water or drainage works or other works of public utility, and on payment of compensation.”

References:

Book (eISB), electronic Irish Statute. n.d. “Electronic Irish Statute Book (EISB).” Www.irishstatutebook.ie. Accessed June 21, 2024. https://www.irishstatutebook.ie/eli/1922/act/1/enacted/en/print#:~:text=AN%20ACT%20TO%20ENACT%20

Freedom of religion is established in the 1992 Basic Law: Human Dignity and Liberty. This law describes Israel as a “Jewish and democratic state”, but also “references the Declaration of the Establishment of the State of Israel, which protects freedom to practice or not practice religious beliefs, including freedom of conscience, faith, religion, and worship, regardless of an individual’s religion” (state.gov).

The Declaration of the Establishment of the State of Israel, promulgated in 1948, stated: "THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations."

"Declaration of the Establishment of the State of Israel: https://www.gov.il/en/departments/general/declaration-of-establishment-state-of-israel

Israel, West Bank and Gaza - United States Department of State. Accessed July 21, 2023. https://www.state.gov/reports/2021-report-on-international-religious-freedom/israel-west-bank-and-gaza/.

The Constitution of the Italian Republic was ratified on 22 December 1947. Article 7 states a separation between the state of Italy and the Catholic Church. Articles 3, 8, 19, and 20 grant religious freedom and equality. Article 8 of the Italian Constitution states: “All religious denominations are equally free before the law” but stipulates that “Denominations other than Catholicism have the right to self-organisation according to their own statutes, provided these do not conflict with Italian law” (constituteproject.org).

“Italy 1947 (Rev. 2020) Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Italy_2020.

The Constitution of the Republic of Ivory Coast was ratified on October 30, 2016. Articles 4, 14, 19, and 23 grant religious freedom, equality, and prohibit religious discrimination. The preamble, articles 49, and 178 declare Ivory Coast to be a secular state. Article 19 states: "Freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. Everyone has the right to express and disseminate their ideas freely. These freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order. Any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited."(constituteproject.org).

“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 21, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016.

The Jamaican Order in Council was ratified in 1962. Articles 13, 14(a), and 17 grant religious freedom, equality, and prohibit religious discrimination.

Jamaican Legislature. “The Jamaica (Constitution) Order in Council 1962 .” Jamaican Informational Service . Jamaican Informational Service , 2017. Last modified 2017. Accessed June 16, 2022. https://jis.gov.jm/media/Ja-Constitution-Order-in-Council-1962-full.pdf.

Article 28 of the 1889 Japan Constitution stated: "Japanese subjects shall, within limits not prejudicial to peace and order, and not antagonistic to their duties as subjects, enjoy freedom of religious belief." Article 20 of the 1946 Constitution offered a more detailed discussion of freedom of religion: "Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite or practice. The State and its organs shall refrain from religious education or any other religious activity."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

The Constitution of the Hashemite Kingdom of Jordan was ratified in 1952. Articles 6 and 14 grant religious freedom, equality, and prohibit religious discrimination. Article 2 declares Islam the official religion.

1952. The Constitution of the Hashemite Kingdom of Jordan. July 11. https://www.refworld.org/pdfid/3ae6b53310.pdf.

Hashemite Kingdom of Jordan Constitutional Court “Jordanian Constitution.” CCO. Hashemite Kingdom of Jordan Constitutional Court, 2022. Last modified 2022. Accessed June 17, 2022. https://cco.gov.jo/en-us/Jordanian-Constitutional.

Articles 1 and 10 of the 1993 Kazakhstan Constitution bear in part upon freedom of religion, but Article 12 speaks to this right most directly: "A citizen of the Republic shall be guaranteed freedom of conscience - the right to independently determine his attitude towards religion, to profess any of them or to profess none, to disseminate views, connected with the attitude towards religion, and to act in accordance with them".

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 110-112

The right to freedom of religion can be found in Kenya’s Independence Constitution of 1963, ratified on December 10, 1963. Article 22, Part 1 states: "Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance." . (“The Constitution of Kenya”, 1963). Exceptions to this were conceived in terms of laws "(a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion." The language in the 1963 Constitution is repeated in the 1969 Constitution, at Article 79.1.

In the 2010 Constitution, articles 21.3, 27.4, and 32 grant religious freedom, equality, and prohibit religious discrimination. The Preamble acknowledges the supremacy of God, Article 8 declares no state religion.

References:

1963 Constitution of Kenya: English official original text of the Constitution of 1963 as appended to the Kenya Independence Order in Council 1963. 40 (1963) Chapter II: Protection of Fundamental Rights and Freedoms of the Individual: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzke0008&id=41&men_tab=srchresults

1969. The Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1.

KLRC. “Home.” Kenya Law Reform Commission (KLRC). KLRC, 2022. Last modified 2022. Accessed June 17, 2022. https://www.klrc.go.ke/index.php/constitution-of-kenya.

The Constitution, contained within the Independence Order of Kiribati ratified on July 12, 1979, established freedom of religion in Kiribati. The right can be located in Chapter II, Article 11, Part 1 (“Kiribati Independence Order of 1979”, 1979).

1979. Kiribati Independence Order of 1979. July 12. https://constitutionnet.org/sites/default/files/Kiribati%20Constitution.pdf.

PACII. “Constitution of Kiribati.” Pacific Islands Legal Information Institute . University of the South Pacific School of Law, May 6, 2022. Last modified May 6, 2022. Accessed June 17, 2022. http://www.paclii.org/ki/legis/consol_act/cok257.pdf.

The first assertion of the right to freedom of religion in Kuwait is in the Constitution of 1962, ratified on November 11, 1962. The right can be found in Part III, Article 35. Part 1, Article 2 establishes the official religion as Islam (“Kuwait 1962 Constitution”, 1962).

“Kuwait 1962 Constitution.” 1962. Constitute Project. November 11. https://www.constituteproject.org/constitution/Kuwait_1992?lang=en.

According to Article 16.2 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Every person in the Kyrgyz Republic shall enjoy the right ... to freedom of creed, spirit and worship". A general assertion of freedom of expression is offered in the same article.

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

Laos first established the right to freedom of religion in the 1991 Constitution, ratified on August 15. The right can be found in Chapter 1, Article 9 (“CONSTITUTION OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC”, 1991).

“CONSTITUTION OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC.” 1991. International Labour Organization. August 15. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/75323/87941/F1091614924/LAO75323.pdf.

The first assertion of freedom of religion is in the 1922 Latvian Constitution, ratified on February 15th. The right can be found in Chapter VIII, Article 99 (“Latvia 1922 Constitution”, 1922).

“Latvia 1922 Constitution.” 1922. Constitute Project. February 15. https://www.constituteproject.org/constitution/Latvia_2016.

The Constitutional Assembly. “Latvijas Republikas Satversme.” LIKUMI Latvia . Latvijas Vēstnesis, 1993. Last modified 1993. Accessed June 17, 2022. https://likumi.lv/ta/en/en/id/57980.

The first assertion of freedom of religion in Lebanon was in their 1926 Constitution, ratified on May 23. Articles 9, 10, 19, and 22 grant religious freedom, equality, and prohibit religious discrimination. (“The Lebanese Constitution”, 1926).

1926. The Lebanese Constitution. Lebanese Parliament. May 23. https://www.lp.gov.lb/backoffice/uploads/files/Lebanese%20%20Constitution-%20En.pdf.

Freedom of conscience was guaranteed in the 1966 Lesotho Constitution. The right to religious freedom in Lesotho can be found in the 1993 Constitution, ratified on April 2nd. Articles 4.1, 13, 16.1, 18.3, 18.5, and 26.1 grant religious freedom, equality, and prohibit religious discrimination. (“Lesotho 1993 Constitution”, 1993).

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

“Lesotho 1993 Constitution.” 1993. Constitute Project. April 2. https://www.constituteproject.org/constitution/Lesotho_2018.

The Liberian Constitution of 1847 is the first document in the country’s history to assert freedom of Religion. Article 3 of the document specifically outlines this right.

More recently, the Constitution of the Republic of Liberia was ratified on 6 January 1986. Articles 14, and 18 grant religious freedom, equality, and prohibit religious discrimination. Articles 14 declares a separation between religion and the state.

“Constitutional Convention of 1847.” Government of Liberia. Accessed June 25, 2023. http://crc.gov.lr/doc/CONSTITUTION%20OF%201847%20final.pdf

National Constitution Committee. “1986 Constitution of the Republic of Liberia.” Judiciary of the Republic of Liberia. Supreme Court of Liberia, 1986. Last modified 1986. Accessed June 17, 2022. http://judiciary.gov.lr/wp-content/uploads/2017/11/CONSTITUTION-OF-THE-REPUBLIC-OF-LIBERIA.pdf.

Article 21 of Libya’s 1951 Constitution contains the first assertion of freedom of religion in the state’s independent history. However, Libya has gone through significant changes in government since the founding of this document. Under the 2011 Constitution Article 6 grants freedom of religion and prohibits religious discrimination. Article 1 declares Islam the official religion of Libya.

“Constitution of 1951.” DCAF Libya. Accessed July 25, 2023. https://security-legislation.ly/en/law/31474 “Libya’s Constitution of 2011.” Constitute. Accessed July 25, 2023. https://www.constituteproject.org/constitution/Libya_2011.pdf

Liechtenstein’s 1862 Constitution is the first document in the country’s history to assert freedom of religion. Article 8 of the document specifically defines this right, stating that “freedom of the person and of external worship are guaranteed.”

In the 1921 Constitution of the Principality of Liechtenstein, Articles 37.1 and 39 grant religious freedom, and Article 37.2 declares the Roman Catholic Church is the official church. Article 37 states: “1) Freedom of religion and conscience shall be guaranteed for all. 2) The Roman Catholic Church is the National Church and as such shall enjoy the full protection of the State; other denominations shall be entitled to practice their creeds and to hold religious services within the limits of morality and public order.”

“Constitution of 26 September 1862.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzli0005&i=2

Parliament of Liechtenstein. “Constitution of the Principality of Liechtenstein.” State Administration of the Principality of Liechtenstein. State Administration of the Principality of Liechtenstein, 2014. Last modified 2014. https://www.llv.li/files/rdr/Verfassung-E-01-02-2014.pdf

The first assertion of freedom of religion in Lithuania’s post-Soviet history is contained in the country’s 1992 Constitution. Articles 26, 27, and 43 grant religious freedom, equality, and prohibit discrimination. Article 43 asserts that there shall be no state religion in Lithuania.

“Lithuania 1992 (rev. 2006).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Lithuania_2006

Parliament of Lithuania . “CONSTITUTION OF THE REPUBLIC OF LITHUANIA.” Lietuvos Respubilkos Siemas . Parliament of Lithuania , March 20, 2003. Last modified March 20, 2003. Accessed June 17, 2022. https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=rivwzvpvg&documentId=TAIS.211295&category=TAD.

Luxembourg’s Constitution of 1848 was the first document to guarantee freedom of religion in the country’s independent history. Articles 20 and 21 specifically outline this right.

“Mémorial Législatif et Administratif du Grande-Duché de Luxembourg.” Strada Lex Luxembourg. Accessed July 26, 2023. https://www.stradalex.lu/fr/slu_src_publ_leg_mema/toc/leg_lu_mema_184807_52/doc/mema_1848A0389A

Article 39 of Madagascar’s 1975 Constitution contains the first assertion of freedom of religion in the country’s independent history. However, the preamble of the country’s 1959 Constitution does protect freedom of speech, assembly, and association which may have helped protect freedom of religion to an extent.

“Constitution de la République démocratique malgache.” Digithèque MJP. Accessed July 26, 2023. https://mjp.univ-perp.fr/constit/mg1975.htm#2 “Constitution of the Malagasy Republic.” World Constitutions Illustrated, Heinonline. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmg0017&i=2

The first assertion of freedom of religion in Malawi’s independent history is contained in the country’s 1964 Constitution. Article 19(1) specifically defines this right: “Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.”

References:

“Constitution of Malawi.” Citizenship Rights Africa. Accessed July 26, 2023. http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

Article 11, Clause 1 of Malaysia’s 1957 Constitution contains the first assertion of freedom of religion in the country’s independent history: "Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it." The article’s 4th clause, to which clause 1 referred, stipulates that “State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” Furthermore, Article 11, Clause 5 offers a further condition: "This Article does not authorize any act contrary to any general law relating to public order, public health or morality." Article 11, Clause 2 asserted that citizens would not be required to pay taxes in support of any religion that was not their own, and Article 11, Clause 3 specified the rights of religious groups: "Every religious group has the right - (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law." Finally, Article 3, Clause 1 offers a general guarantee of freedom of religious practice: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

Article 4 of Mali’s Fundamental Law No. 1 (1991) contains the first assertion of freedom of religion in Mali’s independent history. This was followed up by a 1992 Constitution which also protected the right.

“Acte Fondamental No. 1/C.T.S.P.” World Constitutions Illustrated. Accessed July 26, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzml0008&i=3 “Mali 1992.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mali_1992

Article 40(1) of Malta’s 1964 Constitution contains the first guarantee of freedom of religion in the country’s independent history. Meanwhile, Article 2 states that the country’s official faith is the Roman Catholic Apolistic Religion.

“Malta 1964 (rev. 2016).” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Malta_2016

The Marshall Islands’ Constitution of 1979 contains the first assertion of freedom of religion in the country’s independent history. Section 1 specifically outlines this right.

“The Constitution of the Republic of the Marshall Islands.” Republic of the Marshall Islands Parliament. Accessed July 27, 2023. https://rmiparliament.org/cms/constitution.html

Article 2 of Mauritania’s 1959 Constitution contains the first assertion of freedom of religion in the country’s independent history. The document also states that “the religion of the Mauritanian people is the Muslim religion.”

Mauritania’s 1991 constitution was adopted on 12 July of that year. The preamble and Article 1 guarantee equality under the law, however it does not include religion as a distinct protected class. Article 5 declares that Islam is the state religion.

“Islamic Republic of Mauritania Constitution of 22 March 1959.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmr0017&i=3

Constitution Project. “Mauritania 1991 (Rev. 2012) Constitution.” Constitute. POGO , April 27, 2022. Last modified April 27, 2022. Accessed June 21, 2022. https://www.constituteproject.org/constitution/Mauritania_2012?lang=en.

The Constitution of the Republic of Mauritius was ratified on 12 March 1968. Articles 11 and 14.1 grant religious freedom, equality, and prohibit religious discrimination.

Mauritius National Assembly. Mauritius National Assembly. Mauritius Government, May 2018. Last modified May 2018. Accessed June 21, 2022. https://mauritiusassembly.govmu.org/.

“Mauritius 1968 (rev. 2016).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mauritius_2016

The Political Constitution of the Mexican United States was ratified on 5 February 1917. Articles 1, 3.2(c), 24, 27.2, 130(b-d) grant religious freedom, equality, and prohibit religious discrimination. Article 130 declares a separation of church and state; and that religious minister cannot promote candidate, nor attack national symbols.

Article 24 of Mexico’s 1917 Constitution, which is still in use today, contains the first assertion of freedom of religion in the country’s post-revolutionary history. However, prior to the 1910 Revolution, the first amendment to the country’s 1859 Constitution (also known as the Law of September 25, 1873) did state that the legislature should not adopt any law that established or forbid a religion.

Constituent Congress of 1917. “Koxtitusion Poríitika Mejikopo Nesaweme Constitución ... - Senado.gob.mx.” Senate of the Republic. Mexican Government, 2005. Last modified 2005. Accessed June 21, 2022. https://www.senado.gob.mx/comisiones/puntos_constitucionales/docs/CPM_INGLES.pdf.

“Constitution.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/zzmx0010&i=1

“Mexico 1917 (rev. 2015).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mexico_2015

The Micronesian Constitution of 1978 was the first document to protect freedom of religion in the country’s independent history. Article 4 Section 2 grant religious freedom and equality. Article 4 Section 2 bans declaration of an official religion or laws in regard to religion.

Micronesian Constitutional Convention in 1975. “CONSTITUTION OF THE FEDERATED STATES OF MICRONESIA.” Legal Information System of the Federated States of Micronesia . Government of the Federated States of Micronesia , 2005. Last modified 2005. Accessed June 21, 2022. http://www.fsmlaw.org/fsm/constitution/.

Constitution of the Republic of Moldova was ratified on 27 July 1994. Articles 10.2, 31, 32.3, and 35.8 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares secular aspirations for the state of Moldova.

Parliament of the Republic of Moldova. “Constitution of the Republic of Moldova .” Constitutional Court of the Republic of Moldova . Constitutional Court of the Republic of Moldova , 2022. Last modified 2022. Accessed June 21, 2022. https://www.constcourt.md/public/files/file/Actele%20Curtii/acte_en/MDA_Constitution_EN.pdf.

Article 10 of Monaco’s 1911 Constitution contains the first assertion of freedom of religion in the country’s history. The document was then heavily revised in 1962 and remains in use to this day. In the 1962 Constitution, Article 23 grants religious freedom. Article 9 declares Catholicism the official state religion.

“Constitution of Monaco.” World Constitutions Illustrated. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.beal/connat0002&i=474

Prince Rainer III and National Council of Monaco. Princely Government of the Principality of Monaco . Princely Government of the Principality of Monaco , 2002. Last modified 2002. Accessed June 21, 2022. https://en.gouv.mc/Government-Institutions/Institutions/Constitution-of-the-Principality#eztoc1036069_1.

According to Chapter 1, Article 3(f) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom of conscience, the Church is separated from the State, and it is declared that religion is the private concern of each citizen."

Freedom of religion was later guaranteed in Article 81 of the 1940 Constitution of the Mongol People's Republic: "In the Mongol People's Republic religion is separated from the state and the school. Citizens of the Mongol People's Republic have freedom of religion and of antireligious propaganda."

The Fundamental Law of Mongolia was ratified on 13 January 1992. Articles 14, 16.15, and 19.2 grant religious freedom, equality, and prohibit religious discrimination. Article 9 declares that the state may not engage in religious activities.

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

“Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735

The People's Great Khural. “The Constitution of Mongolia.” Constitutional Court of Mongolia . Constitutional Court of Mongolia , 2022. Last modified 2022. Accessed June 21, 2022. https://www.conscourt.gov.mn/?page_id=842&lang=en.

“Mongolia 1992 (rev. 2001).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mongolia_2001

According to Article 208 if the 1905 Constitution: "Liberty of conscience is unlimited. The recognized religious confessions are free and protected by the law in so far as the exercise of their cult does not offend public order and morals." In the 1992 Constitution of the Republic of Montenegro, Articles 11, 34, 43, 67, 70, 74, and 76 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares separation of church and state. In Montenegro’s Constitution of 2007, Article 46 specifically describes the freedom of religion, which is also alluded to in Article 14.

1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

The Assembly of the Republic of Montenegro. “Constitution of the Republic of Montenegro.” Government of Montenegro. Ministry of Justice, January 30, 2004. Last modified January 30, 2004. Accessed June 21, 2022. https://www.gov.me/en/documents/d7f0c262-dfa2-448b-a2c3-1e5ba628f2bb.

“Montenegro 2007.” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Montenegro_2007

Freedom of religion is protected in Morocco in tandem with the establishment of a state religion. Article 6 of the first Moroccan constitution of 1962 determines that Islam is the religion of the state while also protecting “the free exercise of beliefs [cultes]” for all (Hein Online). This right is still protected today under Article 3 of the current constitution (constituteproject.org).

"Fundamental Principles." Constitution of Morocco, pp. 562-563. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzma0011&i=1.

“Morocco 2011 Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Morocco_2011.

Freedom of religion was first noted in Article 33 of Mozambique’s 1975 constitution which stated that “[i]n the People’s Republic of Mozambique the State guarantees the freedom of citizens to practice or not to practice a religion” (Hein Online).

The current Constitution of the Republic of Mozambique was ratified on December 21, 2004. Articles 12.3, 12.4, 35, 39, 54, 71.1, 251, and 286 grant religious freedom, equality, and prohibit discrimination. Articles 12.2 and 292.1(c) create a separation between religion and the state. Article 54 of Mozambique’s constitution states that “[a]ll citizens shall have the freedom to practice or not to practice a religion. Nobody shall be discriminated against… or benefit from or be exempt from duties, on the grounds of his faith or religious persuasion or practice” (constituteproject.org).

"Section II: Fundamental Rights and Duties of Citizens ." Official English Translation, The Constitution of the People's Republic of Mozambique, 1975, pp. 5-6. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmz0011&i=6.

“Mozambique 2004 (Rev. 2007) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Mozambique_2007.

Freedom of religion was first conditionally protected under Article 21(b) of the 1947 Constitution of the Socialist Republic of the Union of Burma which states that Burmese citizens “shall enjoy the right to profess their religion… provided the enjoyment of any such freedom does not offend the laws or the public interest” (Hein Online).

The current Constitution of the Republic of the Union of Myanmar was ratified on 29 May 2008. Articles 34, 348, 352, 354(d), 363, and 368 grant religious freedom, equality, and prohibit religious discrimination. Article 362 recognizes Christianity, Islam, Hinduism and Animism as religions in the country. Article 34 of Myanmar’s current constitution protects freedom of religion for its citizens. It states: “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution” (constituteproject.org).

"Chapter II: Basic Principles." The Constitution of the Socialist Republic of the Union of Burma, 1974, pp. 4-7. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmm0005&i=8.

“Myanmar 2008 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Myanmar_2015.

Constitution of the Republic of Namibia was ratified on 09 February 1990. Articles 10.2, 14.1, 19, 21, and 97 grant religious freedom, equality, and prohibit religious discrimination. The preamble and Article 1.1 declare Namibia a secular state. Freedom of religion is protected for Namibian citizens under Article 21 Section 1c which states that “[a]ll persons shall have the right to… freedom to practise any religion and to manifest such practice…” (constituteproject.org).

Hishoono, Naita. “THE Constitution in the 21st Century Perspectives on the Context and Future of Namibia’s Supreme Law.” CMS. Namibia Institute for Democracy (NID) and the Institute for Public Policy Research (IPPR), 2011. Last modified 2011. Accessed June 23, 2022. https://cms.my.na/assets/documents/p1a3o3rq6r1ci1ma2ld714vmtm1.pdf.

“Namibia 1990 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Namibia_2014.

Article 11 Section 1 of Nauru’s 1968 constitution protects freedom of religion for its citizens. It states: “A person has the right to freedom of conscience, thought and religion, including freedom to change his religion or beliefs and freedom, either alone or in community with others and in public or private, to manifest and propagate his religion or beliefs in worship, teaching, practice and observance” (constituteproject.org).

“Nauru 1968 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nauru_2015.

Freedom of religion was mentioned in Nepal’s first constitution of 1948 in Article 4 which stated that “[s]ubject to the principles of public order and morality, this Constitution guarantees to the citizens of Nepal… freedom of worship…” (Hein Online). Freedom of religion is now protected under Article 26 Section 1 of the current constitution which states that “[e]ach person shall be free to profess, practice, and preserve his/her religion according to his/her faith” (constituteproject.org).

“Nepal 2015 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nepal_2016.

"Part III: The Executive." Constitution of Nepal. Katmandu, 26th January, 1948., 1948, pp. 658-660. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zznp0020&i=3.

The Constitution of the Kingdom of the Netherlands was ratified on 29 March 1814. Articles 1, 6.1, 23.3, and 23.5 grant religious freedom, equality, and prohibit religious discrimination. Article 6 Section 1 of this constitution states “[e]veryone shall have the right to profess freely his religion or belief, either individually or in community with others, without prejudice to his responsibility under the law” (constituteproject.org).

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. “The Constitution of the Kingdom of the Netherlands 2008.” Government of the Netherlands. Ministerie van Algemene Zaken, April 29, 2014. Last modified April 29, 2014. Accessed June 23, 2022. https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008.

“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Netherlands_2008.

The New Zealand Bill of Rights Act (NZBORA) of 1990 was ratified on 28 August 1990; the Human Rights Act of 1993 was ratified 10 August 1993. Articles 13, 15, and 20 of the NZBORA and Articles 21.1(c), 21.1(d), 25.1(ai), 26, 27.2, 28, 39.1, 55, and 58.1 of the HRA grant religious freedom, equality, and prohibit religious discrimination. Article 13 of the 1990 New Zealand Bill of Rights Act states that “[e]veryone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference” (constituteproject.org).

Parliament of New Zealand. “Human Rights Act 1993.” New Zealand Legislation. The Parliamentary Counsel Office, 2021. Last modified 2021. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304490.

Parliament of New Zealand. “New Zealand Bill of Rights Act 1990.” New Zealand Legislation. Parliamentary Counsel Office, 2011. Last modified 2011. Accessed June 23, 2022. https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792.

“New Zealand 1852 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/New_Zealand_2014.

Free practice of religion was prohibited in the first Nicaraguan constitution of 1826, with Title 4 Chapter 2 Article 46 establishing that “[t]he Religion of the State is the Catholic, Apostolic, Roman, with the exclusion of the public exercise of any other” (Hein Online, 1826). Freedom of religion was first protected in the 1838 constitution under Article 53 which established Catholicism as the state religion, but stipulated that “the public exercise of the other religions is not prohibited” (Hein Online, 1838).

The current Constitution of Nicaragua was ratified on January 1, 1987. Articles 27, 29, 49, 69, 82.1, 124, and 180 grant religious freedom, equality, and prohibit discrimination. Article 14 declares that Nicaragua has no official religion. Article 29 states: “[e]veryone has the right to freedom of conscience and thought and to profess or not profess a religion” (constituteproject.org).

"Chapter 1: General Provisions." Constitution of the State of Nicaragua 8 April 1826, 1826, pp. 7-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0038&i=7.

"Chapter V: Of the Government and of Religion." Political Constitution of the Sovereign, Free and Independent State of Nicaragua 12 November 1838, 1838, pp. 8-8. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzni0040&i=8.

“Nicaragua 1987 (Rev. 2014) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nicaragua_2014.

The Constitution of Niger was ratified on 31 October 2010. Articles 8, 17, and 30 grant religious freedom, equality, and prohibit religious discrimination. Article 3 declares a separation of church and state. Article 30 of the 2010 Niger constitution ostates: “Any person has the right to freedom of thought, of opinion, of expression, of conscience, of religion and of worship [culte]” (constituteproject.org).

“Niger 2010 (Rev. 2017) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Niger_2017.

Article 23.1 of the 1960 Nigerian constitution is the first time freedom of religion was protected for Nigerian citizens. It states: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom… to manifest and propagate his religion or belief in worship, teaching, practice and observance” (Hein Online).

The current Constitution of the Federal Republic of Nigeria was ratified on May 29, 1999. Articles 15.2, 38, and 42.1 grant religious freedom, equality, and prohibit religious freedom. Article 10 forbids a declaration of a state religion. Article 38.1 of the current constitution uses the same language concerning freedom of religion as the 1960 Constitution (constituteproject.org).

"Chapter III: Fundamental Rights." CONSTITUTION OF THE FEDERATION OF NIGERIA, pp. [17]-[27]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzng0011&i=22.

“Nigeria 1999 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nigeria_2011.

National Assembly of Nigeria. “Constitution of the Federal Republic of Nigeria.” Nigeria Law. Nigeria Law, 2011. Last modified 2011. Accessed June 23, 2022. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm.

Freedom of religion was first established in North Korea under Part II Article 14 of the 1948 constitution which stated that “[e]very citizen shall have freedom of religion…” (Hein Online). Freedom of religion is now conditionally protected under Article 68 of the 1972 constitution. It states that “[c]itizens have freedom of religious belief. This right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies. Religion must not be used as a pretext for drawing in foreign forces or for harming the State or social order” (constituteproject.org).

“Korea (Democratic People’s Republic of) 1972 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Peoples_Republic_of_Korea_2016.

"Part II: General Provisions." Constitution of the Democratic People's Republic of Korea, pp. 2-4. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzkp0005&i=2.

The Constitution of the Republic of North Macedonia was ratified on 17 November 1991. Articles 9, 19, 20, 48, 54, 110, and amendments VII.2 and VIII.1 grant religious freedom, equality and prohibit religious discrimination. Article 19 and Amendment VII.1 declares a separation of church and state.

Article 19 states: “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others is guaranteed” (constituteproject.org). It also further elaborates and states that “[t]he Macedonian Orthodox Church and other religious communities and groups are separate from the state and equal before the law…” (constituteproject.org).

“North Macedonia (Republic of) 1991 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Macedonia_2011.

Republic of Macedonia. “Constitution of the Republic of North Macedonia.” Government of the Republic of North Macedonia. Last modified 2019. Accessed June 24, 2022. https://vlada.mk/sites/default/files/dokumenti/zakoni/the_constitution_of_the_republic_of_north_macedonia_containing_the_valid_constitutional_provisions_in_force_as_amended_by_constitutional_amendments_i-xxxvi.pdf.

In 2012, Norway officially and explicitly guaranteed the freedom of religion through a constitutional amendment securing a secular Norwegian state.

Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 20, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzno0083&id=3&men_tab=srchresults.

Freedom of religion is conditionally protected in Oman under Article 28 of the 1996 constitution: “The freedom to practice religious rites according to recognised customs is protected, provided it does not violate the public order or contradict morals” (constituteproject.org). However, Article 2 also establishes that “[t]he religion of the State is Islam and Islamic Sharia is the basis for legislation” (constituteproject.org).

“Oman 1996 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Oman_2011.

Sultan Haitham . “ROYAL DECREE NO. (101/96).” Ministry of Justice and Legal Affairs . Last modified 2022. Accessed June 24, 2022. https://www.mjla.gov.om/eng/basicstatute.aspx.

Part II Article 18(a) of the first Pakistani constitution of 1956 states that while Islam is the state religion, freedom of religion is conditionally protected: “Subject to law, public order and morality… every citizen shall have the right to profess, practice and propagate any religion…” (Hein Online). This continues to be protected in Part I Section 2 of the current constitution which was ratified in 1973 (constituteproject.org).

“Pakistan 1973 (Reinst. 2002, Rev. 2018) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Pakistan_2018.

"Part II: Fundamental Rights." Constitution of the Islamic Republic of Pakistan, pp. [27]-[37]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpk0008&i=34.

The Constitution of the Republic of Palau was ratified on 9 July 1980. Articles IV section 1 and section 5 grant religious freedom, equality, and prohibit religious discrimination. Article IV section 1 declares no official state religion.

Article IV Section 1 states “[t]he government shall take no action to deny or impair the freedom of conscience or of philosophical or religious belief of any person nor take any action to compel, prohibit or hinder the exercise of religion” (constituteproject.org).

“Palau 1981 (Rev. 1992) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Palau_1992.

Freedom of religion in Panama was first protected in the constitution of 1904. Article 26 established that while Catholicism was recognized as the majority religion, “[t]he profession of all religions is free…” (Hein Online).

The current Constitution of Panama was ratified on October 11, 1972. Articles 19, 35, 36, 45, 67, 94, 181 and 300 grant religious freedom, equality, and prohibit religious discrimination. Article 35 recognizes that the majority of Panamanians are Catholic and article 107 declares that Catholicism is to be taught in schools. Article 35 of the 1972 constitution states that “[a]ll religions may be professed and all forms of worship practiced freely, without any other limitation than respect for Christian morality and public order. It is recognized that the Catholic religion is practiced by the majority of Panamanians" (constituteproject.org).

“Panama 1972 (Rev. 2004) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Panama_2004.

Freedom of religion is conditionally protected under Article 45 in Papua New Guinea’s 1975 constitution: “Every person has the right to freedom of conscience, thought and religion and the practice of his religion and beliefs, including freedom to manifest and propagate his religion and beliefs in such a way as not to interfere with the freedom of others, except to the extent that the exercise of that right is regulated or restricted by a law that complies with Section 38…” (constituteproject.org). Articles 2.1, 2.5, 45, 55.1, and 233.3(aiii) grant religious freedom, equality, and prohibit religious discrimination.

Parliament of Papua New Guinea. “Constitution of the Independent State of Papua New Guinea.” National Parliament of Papua New Guinea. Last modified 2022. Accessed June 24, 2022. https://www.parliament.gov.pg/constitution-of-the-independent-state-of-papua-new-guinea.

“Papua New Guinea 1975 (Rev. 2016) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Papua_New_Guinea_2016.

Freedom of religion was first protected in Paraguay under the constitution of 1870. Part I Chapter I Article 3 states that while Roman Catholicism is the state religion, “Congress… shall not have power to forbid the free exercise of any other religion…” (Hein Online). The current Constitution of the Republic of Paraguay was ratified on June 20, 1992. Articles 24, 37, 63, 74 and 88 grant religious freedom, equality, and prohibit religious discrimination. Article 24 declares the relationship between the state and the Catholic church to be independent, cooperative, and autonomy. Article 24 states that “[t]he freedom of religion, of worship, and ideological [freedom] are recognized without any restrictions other than those established in this Constitution and in the law” (constituteproject.org).

"Chapter I: General Declarations." Constitution of the Republic of Paraguay, pp. 1-3. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzpy0009&i=2.

“Paraguay 1992 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Paraguay_2011.

Peru enacted its first national constitution in 1823 which granted rights exclusively to men who held property and proved themselves to be literate(Peru, Constitutions, Encyclopedia.com). Over a century later, the 1933 Constitution of the Republic of Peru guarantees the freedom to religion in Title 14, Article 232 while protecting and maintaining Catholicism as the state religion.

The current Constitution of Peru was ratified on 31 December 1993. Articles 2.2, 2.3, and 37 grant religious freedom, equality, and prohibit religious discrimination. Article 50 recognizes the Catholic Church as historically, culturally, and morally important.

References: “Peru, Constitutions Encyclopedia.com.” n.d. Www.encyclopedia.com. Accessed June 20, 2024. https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts- and-maps/peru-constitutions#:~:text=The%201823%20constitution%20extended%20political.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/COWShow?collection=cow&cow_id=326.

Constitution Project. “Peru 1993 (Rev. 2021) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 24, 2022. https://www.constituteproject.org/constitution/Peru_2021?lang=en.

The earliest assertion to the right of religion in the Philippines was presented in the 1899 Malolos Constitution. Title III, Article 5 states, “The State recognizes the freedom and equality of all beliefs, as well as the separation of Church and State.”

The constitution of the Republic of the Philippines was ratified on February 2, 1987. Articles 3 section 5, 6 Section 28(3), 14 Section 3(3) grant religious freedom, equality, and prohibit discrimination. Article 3 section 5 forbids the Philippines from the establishment of a state religion.

References: Official Gazette. 1899. “The 1899 Malolos Constitution GOVPH.” Official Gazette of the Republic of the Philippines. 1899. https://www.officialgazette.gov.ph/constitutions/the-1899-malolos-constitution/.

Constitutional Commission of 1986. “The Constitution of the Republic of the Philippines: Govph.” Official Gazette of the Republic of the Philippines. Last modified 2022. Accessed June 24, 2022. https://www.officialgazette.gov.ph/constitutions/1987-constitution/.

Poland’s first constitution came in the form of the “Act of the Government,” and was enacted in 1791. Title I addresses religion by naming the Catholic religion the official religion of the country. It also grants government protection to any of those who may practice another religion. Sources: “Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzpl0056&id=2&collectio n=cow&index=.

The Constitution of the Republic of Poland was ratified on April 2, 1997. Articles 25, 35.2, 53, 85.3, 233.1 grant religious freedom, equality, and prohibit religious discrimination. “THE CONSTITUTION OF THE REPUBLIC OF POLAND OF 2nd APRIL, 1997.” The Sejm of the Republic of Poland. Last modified 1997. Accessed June 24, 2022. https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.

Portugal’s first constitution was enacted in 1822. Title II, Article XXV assigns the Catholic religion, Apostolic and Roman, as the nations official religion while allowing others to practice and identify with their own faiths and religions. It is important to note that this is the Political Constitution of the Portuguese Monarchy which established a constitutional monarchy.

The Constitution of the Portuguese Republic was ratified on 2 April 1976. Articles 13.2, 19.6, 35.3, 41, and 59.1 grant religious freedom, equality, and prohibit religious discrimination. Article 41.4 creates a separation of Church and State.

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/bfsprs00 09&id=941&men_tab=srchresults.

Parliament of Portugal. “Constitution of the Portuguese Republic Seventh Revision.” Assembly of the Republic. Last modified 2005. Accessed June 24, 2022. https://www.parlamento.pt/sites/EN/Parliament/Documents/Constitution7th.pdf.

The Constitution of Qatar Dastūr was ratified on 9 April 2004. Articles 35 and 50 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Islam the Official religion. Qatar Constitutional Committee . “The Constitution.” Government Communications Office. Last modified 2022. Accessed June 24, 2022. https://www.gco.gov.qa/wp-content/uploads/2016/09/GCO-Constitution-English.pdf.

Romania enacted its first constitution in 1866 which held until it was rewritten in 1923. Title II, Article XXI of the 1866 Constitution of Romania states guarantees the freedom of conscience so long as the celebration of those religions and faiths do not pose a threat to public order. It also acknowledges the Oriental Orthodox religion as the dominant religion while also asserting government oversight of the Romanian Orthodox Church, which was considered the national religion of the state at the time.

Sources:

“1866 CONSTITUTION.” n.d. THE ROYAL HOUSE of HOHENZOLLERN-SIGMARINGEN ROMANIA. Accessed August 3, 2024. https://www.royalhouseofromaniahohenzollern-sigmaringen.com/constitution-1866.

Russias history with the freedom of religion is somewhat complex. In its first constitution in 1906, Chapter II, Article 49 states, “Russian subjects shall enjoy liberty of conscience. The conditions under which this liberty is enjoyed shall be determined by law.” However, this does not necessarily mean there is a freedom to religion and to practice such religion. With that being said, the 1918 Declaration of the Rights of the Laboring and Exploited People does outline the freedom of religion as well as the separation of church and state, “Every citizen may profess or none at all. Any legal disabilities with the profession of any religion or none are abolished.” The Law on Freedom of Conscience and Religious Associations was ratified on September 26, 1997. This law grants religious freedom, equality, and prohibits religious discrimination.

References:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/stwar000 1&id=547&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=journals&handle=hein.journals/in tcon5&id=426&men_tab=srchresults.

United Nations High Commissioner for Refugees. “Russia: Information on the Law ‘on Freedom of Conscience and Religious Associations’ and Its Impact on Religious Minorities.” Refworld. Canada: Immigration and Refugee Board of Canada, November 1997. Last modified November 1997. Accessed June 27, 2022. https://www.refworld.org/docid/3ae6ab968.html.

Rwanda’s first constitution was drafted and enacted in 1961. Within the Constitution of the Rwandan Republic, Chapter III, Article 12 asserts that the “fundamental liberties as stipulated in the Declaration of the Rights of Man shall be guaranteed to all citizens save the exceptions to be regulated by law.” The Declaration of the Rights of Man (and the Citizen) was a document drafted by France’s National Constituent Assembly in 1789 during the French Revolution.

The 2003 Constitution of Rwanda was ratified on May 26, 2003. Articles 16, 37, 57, and 136 grant religious freedom, equality, and prohibit religious discrimination. Article 4 declares Rwanda a secular state.

Source:

J. Webster [1964] - French and English https://heinonline-org.turing.library.northwestern.edu/HOL/cowdocs?state=&tfile=cowresd0576-3.pdf

Constitution Project. “Rwanda 2003 (Rev. 2015) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 27, 2022. https://www.constituteproject.org/constitution/Rwanda_2015?lang=en.

The Saint Christopher and Nevis Constitution Order 1983 was ratified on June 23, 1983. Articles 11 and 15 grant religious freedom, equality, and prohibit religious discrimination. The National Assembly of Saint Kitts and Nevis . “Constitution of St. Christopher and Nevis.” Nevis Island Administration. Last modified October 28, 2017. Accessed June 27, 2022. https://nia.gov.kn/wp-content/uploads/2017/10/Constitution-of-St-Christopher-and-Nevis.pdf.

The Saint Lucia Constitution Order 1978 was ratified on 20th December 1978. Articles 1, 9, and 15 grant religious freedom, equality, and prohibit religious freedom. Government of Saint Lucia. Government of Saint Lucia. Last modified 2022. Accessed June 27, 2022. https://www.govt.lc/constitution1#protection1.

The Saint Vincent Constitution Order 1979 was ratified on 26th July 1979. Articles 9 and 13.3 grant religious freedom and prohibit religious discrimination. The preamble declares the Supremacy of God. House of Assembly of Saint Vincent. “Constitution of Saint Vincent and the Grenadines.” Government of Saint Vincent and the Grenadines. Last modified November 11, 2005. Accessed June 27, 2022. https://www.gov.vc/images/visitors/1979_constitution.pdf.

The Constitution of the Independent State of Samoa was ratified on May 10, 1961. Articles 11, 12, and 15 grant religious freedom, equality, and prohibit religious discrimination. The preamble declares that Samoa is based on Christian principles. Constitutional Convention of Samoa. “Constitution of the Independent State of Samoa 1960.” Government of Samoa. Government of Samoa, 2017. Last modified 2017. Accessed June 28, 2022. https://www.samoagovt.ws/wp-content/uploads/2014/07/Constitution-of-the-Independent-State-of-Samoa-1960.pdf.

Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order was ratified on July 8, 1974. Article 4 and 6 grant religious equality, freedom, and prohibit religious discrimination. Right of Assembly. “San Marino: Constitution - 1974.” Last modified 2022. Accessed June 28, 2022. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf.

The constitution of The Constitution of the Democratic Republic of São Tomé and Príncipe was ratified on November 5, 1975. Articles 15.1, and 27 guarantee religious freedom, equality, and prohibit religious discrimination. Article 8 creates a separation of church and state; and Article 154(b) declares the state to be secular. Constitution Project. “Sao Tome and Principe 1975 (Rev. 2003) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_2003?lang=en.

King Fahd Bin Abdulaziz Al-Saud decreed the basic law of governance on March 1, 1992. Article 1 declares Saudi Arabia an Islamic State and the official religion Islam. There are no official religious freedom guaranteed in Saudia Arabi. King Fahd Bin Abdulaziz Al-Saud. “The Royal Embassy of Saudi Arabia.” Basic Law of Governance, The Embassy of The Kingdom of Saudi Arabia. Last modified March 1, 1992. Accessed June 28, 2022. https://www.saudiembassy.net/basic-law-governance.

The Constitution of the Republic of Senegal was ratified on 7 January 2001. Articles 1, 5, 8, 22, and 24 grant religious freedom, equality, and prohibit religious discrimination. Article 1 declares Senegal to be a secular state. Constitution Project. “Senegal 2001 (Rev. 2016) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed June 28, 2022. https://www.constituteproject.org/constitution/Senegal_2016?lang=en.

The Constitution of the Republic of Serbia was ratified November 8, 2006. Article 5, 21, 39, 43, 44, 45, 48, 49, 57, 79, and 81 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares Serbia a secular state and creates a separation of church and state. The National Assembly of the Republic of Serbia. “CALLING A REPUBLIC REFERENDUM TO ENDORSE THE NEW CONSTITUTION OF THE REPUBLIC OF SERBIA.” Government of the Republic of Serbia . Last modified 2006. Accessed June 28, 2022. http://www.parlament.gov.rs/upload/documents/Constitution_%20of_Serbia_pdf.pdf.

The Constitution of the Republic of Seychelles Act was ratified on June 18, 1993. The Articles 21 and 27 grant religious freedom, equality, and prohibit discrimination. Government of Seychelles . “Constitution of the Republic Seychelles (Preparation and Promulgation) Act, 1992.” Last modified 1993. https://www.gov.sc/documents/Constitution%20of%20Seychelles%20.pdf.

The Constitution of Sierra Leone was ratified on October 1, 1991. Articles 6.2, 8.3(b), 13(e), and 24 grant religious freedom, equality, and prohibit religious discrimination. Parliament of Sierra Leone. “The Constitution of Sierra Leone, 1991.” Public Sector Reform Unit. Office of the President, 2016. Last modified 2016. Accessed June 30, 2022. https://psru.gov.sl/sites/default/files/Constitution%20of%20Sierra%20Leone%201991.pdf.

The Constitution of Singapore was ratified on 22 December 1965. Articles 12, 15, 16, and 150.5(iii) grant religious freedom, equality, and prohibit religious discrimination. Article 153 grants a provision for a council to regulate Muslim affairs. Parliament of Singapore . “CONSTITUTION OF THE REPUBLIC OF SINGAPORE.” Singapore Statutes Online. Last modified December 1, 2021. Accessed June 30, 2022. https://sso.agc.gov.sg/Act/CONS1963.

The first assertion of the freedom of religion in the Republic of Singapore is in the first constitution of the Republic in 1959 after becoming independent from the United Kingdom. The right is detailed in article 15; which also details that a person may not be compelled to pay taxes for religious purposes outside his own religion as well as generally describing the freedoms of each religious group. It is important to note Singapore also records the same article in the 1963/1965 Constitution after being expelled from Malaysia. Republic of Singapore. 1959. “Singapore’s Constitution of 1959 with Amendments through 2010.” Constitute Project. 1959. https://faolex.fao.org/docs/pdf/sin132840.pdf. ———. 1965. “Constitution of the Republic of Singapore - Singapore Statutes Online.” Sso.agc.gov.sg. 1965. https://sso.agc.gov.sg/Act/CONS1963?ValidDate=20230424. The Republic of Singapore. 1963. “Singapore 1963 (Rev. 2016) Constitution - Constitute.” Www.constituteproject.org. 1963. https://www.constituteproject.org/constitution/Singapore_2016.

Constitution Of The Slovak Republic The articles 12.2, 24, and 25.2 grant religious freedom, equality, and prohibit religious discrimination. Article 1 states that Slovakia is not bound by any religion. National Council of the Slovak Republic. “Constitution of the Slovak Republic.” President of the Slovak Republic. Last modified 2017. Accessed June 30, 2022. https://www.prezident.sk/upload-files/46422.pdf.

The first assertion of the freedom of religion of the Slovak Republic is in the 1992 Constitution after the split of Czechoslovakia. The article 24 highlights the guarantees to the freedom of religion and indicates that the freedom may only be limited under lawful conditions of impeding on others religion. Assertions of the freedom of religion have existed in the domain of Slovakia including the 1920 Czechoslovakian constitution, the earliest instance would be the 1782 Edict of Tolerance as part of the Kingdom of Austria which included limited religious freedoms for certain religions and sects of Christianity. “Slovakia 1992 (Rev. 2017) Constitution - Constitute.” n.d. Www.constituteproject.org. Accessed August 4, 2023. https://www.constituteproject.org/constitution/Slovakia_2017.

The Constitution of the Republic of Slovenia was ratified on December 23, 1991. Articles 14, 16, 41, 63, and 123 grant religious freedom, equality, and prohibit religious. Article 7 separates church and state. National Assembly of the Republic of Slovenia. “THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA.” Republic of Slovenia. Last modified 2016. Accessed June 30, 2022. https://www.varuh-rs.si/en/about-us/legal-framework/the-constitution-of-the-republic-of-slovenia/.

The Solomon Islands Independence Order 1978 was ratified on 8th June 1978. Articles 3, 11, and 15.4 grant religious freedom, equality, and prohibit religious discrimination. Parliament of the Solomon Islands . “The Solomon Islands Independence Order 1978.” Last modified 1978. Accessed July 3, 2022. https://www.parliament.gov.sb/files/business&procedure/constitution.htm.

The Provisional Federal Constitution of Somalia was ratified on August 1, 2012. Article 11 declares religious equality and prohibits religious discrimination, while article 17 declares religious freedom. Article 2 declares Islam the state religion and that no other religion can be propagated in the country. Constitution Project. “Somalia 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Somalia_2012?lang=en.

The Constitution of the Republic of South Africa was ratified on December 18, 1996. Articles 9, 15, and 31 grant religious freedom, equality, and prohibit religious discrimination. Government of South Africa . “The Constitution of the Republic of South Africa.” South African Government. Last modified 2003. Accessed July 5, 2022. https://www.gov.za/documents/constitution/constitution-republic-south-africa-1996-1#:~:text=The%20Constitution%20of%20the%20Republic%20of%20South%20Africa%2C%201996%2C%20was,the%20provisions%20of%20the%20Constitution.

The Constitution of the Republic of South Korea was ratified on July 12, 1948. Articles 11 and 20.1 grant religious freedom, equality, and prohibit religious discrimination. Article 20.2 declares a separation between church and state. The National Assembly of the Republic of Korea. “Constitution of South Korea .” Last modified 1987. Accessed July 5, 2022. https://korea.assembly.go.kr:447/res/low_01_read.jsp?boardid=1000000035.

The Transitional Constitution of the Republic of South Sudan was ratified on July 9, 2011. Articles 8.2, 14, 23, 29.1, 31.1(e), 122.5(a), 139(d), 169.6, and 190(a) grant religious freedom, equality, and extensively prohibit religious discrimination. Article 8.1 declares a separation between church and state. Constitution Project. “South Sudan 2011 (Rev. 2013) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/South_Sudan_2013?lang=en.

Spain’s earliest iteration of its constitution was the Bayonne Constitution in 1808. Article 21 of the First Title of the Constitution of 1869 states, “The Nation is obligated to maintain the faith and the ministers of the Catholic religion. The public or private exercise of any other faith is guaranteed to all foreigners resident in Spain, without greater limitations than the universal rules of morality and of the law.” If any Spanish citizen also chooses to exercise a religion that is not Catholic, they also enjoy the same freedoms as foreigners that practice alternative religions. Here, there is freedom of religion but there is not necessarily a separation of church and state.

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0128 &id=6&men_tab=srchresults.

Following its conversion to a republic within the British Commonwealth, Sri Lanka’s 1972 constitution was enacted. Chapter IV, Section 18 outlines the rights and freedoms guaranteed by the government and states, “every citizen shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to have or to adopt a religion or belief of his choice, and the freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 21, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?handle=hein.cow/zzlk0078&id=22&collection=cow&index=.

Articles 4, 41, 43, 48, 56, 62.1, and 66 grant religious freedoms, equality, and prohibit religious discrimination. There is no mention of Islam and Sharia Law, which was a corner stone in their previous constitution. Constitution Project. “Sudan 2019 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Sudan_2019?lang=en.

The Constitution of the Republic of Suriname was ratified on 30 September 1987. Articles 8.2, 18, and 28 grant religious freedom, equality, and prohibit religious discrimination. Constitution Project . “Suriname 1987 (Rev. 1992) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Surinam_1992?lang=en.

The Constitution of Sweden was ratified in 1974, and came into force on January 1, 1975. Chapter 1 Article 2, Chapter 2 Article 1.6, 2, 21, 23, and Chapter 7 Article 4.11 grant religious freedoms, equality, and prohibit religious discrimination. Riksdag. “The Constitution of Sweden.” Last modified 2016. Accessed July 5, 2022. https://www.riksdagen.se/globalassets/07.-dokument--lagar/the-constitution-of-sweden-160628.pdf.

The Federal Constitution of the Swiss Confederation was ratified on 12 September 1848. Articles 8.2 and 15 grants religious freedom and prohibit religious discrimination. Article 72 leaves the regulation of religion to preserve public peace to the cantons. The Federal Constitution. “Federal Constitution of the Swiss Confederation.” Last modified February 13, 2022. Accessed July 5, 2022. https://www.fedlex.admin.ch/eli/cc/1999/404/en.

The Constitution of the Syrian Arab Republic was ratified on February 26, 2012. Articles 3 and 33.3 grant religious freedom and prohibit religious discrimination. Article 3 also declares the president must me Islamic and Islam Jurisprudence or Sharia is the main source of legislation. Constitution Project. “Syrian Arab Republic 2012 Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Syria_2012?lang=en.

The first assertion of the freedom of religion in Tajikistan is the 1994 Constitution post-independence from the Soviet Union. The right is found in article 26 which allows the individual, or group to adhere to any religion or none.

An amendment to current law (enforced in January 2018) permits restrictions on religious activity for the sole purpose of ensuring the rights and freedoms of others, as well as banning one religious sect from being state ideology (U.S. Department of State, "2018 Report on International Religious Freedom: Tajikistan").

The first assertion of the freedom of religion in Tanzania is the 1977 constitution after the unification of the states of Tanganyika and Zanzibar after their independence from the United Kingdom. Article 9, 13, 19, and 39.2 grants religious freedom, equality, and prohibit religious discrimination. The preamble and article 3 declare Tanzania to be secular.

https://www.constituteproject.org/constitution/Tanzania_2005

THE UNITED REPUBLIC OF TANZANIA Office of The Attorney General. “The Constitution of the United Republic of Tanzania of 1977.” Last modified 2005. Accessed July 5, 2022. https://oagmis.agctz.go.tz/portal/constitutions/eyJpdiI6IkFmY0NLQ1wvQWJsUmliZWUxbWh1MVpnPT0iLCJ2YWx1ZSI6IlIwdWx4VnQ3a3plWnFqb0pjcnlvQlE9PSIsIm1hYyI6ImEwNTQxYzdhNTIxMThlYWJlNzU3Mzc5NzZkMmRiYWJkODc4Nzc1ZjVjYjY0NTQ5OTQxYzg3NmYwMDZlN2Y5ZjkifQ==

The first assertion of the freedom of religion in Thailand is the 1932 constitution which asserts the freedom of religion in Section 13. Section 13 highlights the freedom of worship and belief but limits the freedom ‘if contrary to the duties of a national or to public order or public morals’.

https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf

The first assertion of the freedom of religion in Togo would be the Constitution de la République Togolaise, 5 mai 1963 (5th of May, 1963).

https://www.loc.gov/resource/amedscd.2008700247/?sp=7&r=-1.395,-0.017,3.789,1.703,0

The first assertion of religious freedom is seen under Part I, Article 5, in the 1875 Constitution of Tonga. This article protects the freedom of worship. Under Article 6, is also the protection to keep the Sabbath Day holy.

Constitute Project. 1875 Constitution of Tonga. (rev. 2013) https://www.constituteproject.org/constitution/Tonga_2013

The first assertion of Religious Freedom is in the 1976 Constitution of the Republic of Trinidad and Tobago in Chapter 1, Part 1, Article 4, Point H. This article asserts multiple human rights and guarantees equality regardless of religion, as well as the protection of freedom of conscience and religious belief and observance.

The Verification Research, Training and Information Centre. Laws of Trinidad and Tobago. Constitution of 1976. https://www.vertic.org/media/National%20Legislation/Trinidad_and_Tobago/TT_Constitution.pdf

Under Chapter I, Article 5, Freedom of religion is asserted in the Constitution of the Republic of Tunisia. Article 5 specifically guarantees fundamental freedoms and human rights, covering Freedom of religion and conscience in the last point made, “provided it does not not disturb public order."

Constitute Project. 1959 Constitution of the Republic of Tunisia. https://www.constituteproject.org/constitution/Tunisia_2008

In the 1961 Constitution of The Turkish Republic, Freedom of religion is asserted as Freedom of thought and faith, under Section II, Part IV, Article 19. This Article protects citizens from being compelled to worship, and also guarantees them the choice of faith and practices of worship. It also mentions “no person shall be reproached for his religion or faith; and no person shall be allowed to exploit and abuse religion for the purpose of political or personal benefit.”

1961 Constitution of the Turkish Republic. https://www.anayasa.gen.tr/1961constitution-text.pdf

In the 2008 Constitution of the Turkish Republic, Freedom of Religion is covered under Section I, Article 12. This constitution established the state as secular, and guaranteed equality regardless of religion, separation of church and state, and the right to declare any religion or none under Article 12.

Constitute Project. Constitution of Turkmenistan 2008. https://www.constituteproject.org/constitution/Turkmenistan_2008

The assertion of religious freedom is covered within the first constitution of Tuvalu, Under Part II, Division 3, Article 23, upon gaining independence from the United Kingdom in 1978. This article guarantees freedom of belief, including religion, and articulates the responsibilities and rights of religious groups and education, protection from conformity, as well as circumstantial provisions of this freedom.

International Labour Organization. Constitution of Tuvalu 1978. 2008 rev. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf

In the 1962 Constitution of Uganda, Freedom of Religion is asserted in Chapter III, Article 25. Freedom of thought, conscience, and religion are all covered under this Article, and also the freedom to change belief and religion. This the first constitution of Uganda following their independence in 1962.

World Statesman. Uganda Constitutional Instruments and Independence Order. 1962. https://www.worldstatesmen.org/Uganda-const-1962.pdf

Under Title II, Article 35, Freedom of religion is first asserted in the 1996 Constitution of Ukraine. This Article addresses guaranteed protection of choice and practice of worship, separation of church and state, and asserts alternatives in the case of conscientious objection to military service.

Food and Agriculture Organization of the United Nations. Constitution of Ukraine. 1996. https://faolex.fao.org/docs/pdf/ukr127467E.pdf

In the 1971 Constitution of the United Arab Emirates, under Part Three, Article 32, freedom to exercise religious worship is guaranteed as long as it is in accordance with established customs and does not conflict with public policy or morals. Equality regardless of religion is asserted under Article 25, however, islam is declared the official religion under Article 7.

Ref World. Constitution of the United Arab Emirates 1971. https://www.refworld.org/docid/48eca8132.html

The Toleration Act of 1689 allowed nonconformist religions, with the exception of Roman Catholicism, to practice. However, social penalties still persisted (U.K. Parliament, "Catholics and nonconformists"). The Human Rights Act of 1998 established the fundamental rights of citizens within the UK, including freedom of religion (Equality and Human Rights Commission, "The Human Rights Act," Article 9).

Article 1 of the Bill of Rights in the Constitution establishes freedom of religion and its expression. Article 1 also prevent congress from declaring an official religion. United States Senate . “Constitution of the United States of America.” Last modified 2021. Accessed July 6, 2022. https://www.senate.gov/civics/resources/pdf/US_Constitution-Senate_Publication_103-21.pdf.

The Constitution of the Eastern Republic of Uruguay was ratified in 1830. Article 5 grants freedom of religion. Article 5 declares the state supports no religion.

Constitution Project. “Uruguay 1966 (Reinst. 1985, Rev. 2004) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Uruguay_2004?lang=en.

The first assertion of religious freedom within Uzbekistan was in the 1992 Constitution, under Part Two, Chapter 7, Article 31. This article protects the right to profess or not profess any religion, and declares any compulsory imposition of religion impermissible.

United Nations. The Permanent Mission of the Republic of Uzbekistan to the United Nations. Constitution of the United Nations. 1992. https://www.un.int/uzbekistan/uzbekistan/constitution-republic-uzbekistan

Freedom of Religion is asserted in the 1980 Constitution of Vanuatu under Chapter 2, Part I, Article 5, Subject 1.F. This article covers multiple fundamental rights and freedoms, and guarantees equality regardless of religion. Subject 1.F specifies freedom of conscience and worship.

Constitute Project. 1980 Constitution of Vanuatu. https://www.constituteproject.org/constitution/Vanuatu_2013

Venezuela’s first constitution was officially written in 1811 which included the “Declaration of Rights, by the Supreme Congress of Venezuela” which affirmed the Catholic Apostolic Religion as the only religion allowed to be practiced in the country. In 1864, the Constitution of the United States of Venezuela allowed religious freedom under the condition that, “only those belonging to the Roman Catholic Apostolic religion can perform public worship outside of the churches.” The 1881 Constitution of the United States of Venezuela subsequently altered the assertion of the right with Chapter III, Article 13 stating, “Religious liberty.” This phrasing was used until the adoption of the 1904 constitution that guarantees, “Religious freedom according to the laws and under the Supreme inspection of the President of the Republic,” which connotes certain limits on religion. It was only until the adoption of the 1961 Constitution of the Republic of Venezuela that the freedom “to profess his religious faith and to practice his religion privately or publicly” was added to the preceding canon.

Sources:

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0005 &id=5&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0007 &id=7&men_tab=srchresults.

“Northwestern SSO.” n.d. Prd-Nusso.it.northwestern.edu. Accessed June 23, 2024. https://heinonline-org.turing.library.northwestern.edu/HOL/Page?collection=cow&handle=hein.cow/zzve0135&id=11&men_tab=srchresults.

The Constitution of the Bolivarian Republic of Venezuela was ratified on December 19, 1999. Articles 21.1, 59, and 89.5 grant religious freedom and prohibit religious discrimination. Article 119 protect the religious rights of indigenous people.

Constitution Project. “Venezuela (Bolivarian Republic of) 1999 (Rev. 2009) Constitution.” Constitute. POGO, April 27, 2022. Last modified April 27, 2022. Accessed July 5, 2022. https://www.constituteproject.org/constitution/Venezuela_2009?lang=en.

Freedom of religion is covered in the 1946 Constitution of Vietnam. Equality regardless of religion is guaranteed in the preamble, and in Chapter I, Article 1. Chapter 2, Article 10 grants (iv) the freedom of belief to all Vietnamese citizens.

Bloomsbury Professional Media. Vietnam Constitution 1946. https://media.bloomsburyprofessional.com/rep/files/vietnam-constitution-1946x.pdf

In the 1991 Constitution of Yemen, Islam is declared the state religion. Freedom of religion is not mentioned explicitly, however article 27 asserts that all citizens are equal and shall not be discriminated against regardless of religion.

Human Rights Library. Constitution of Yemen 1991. http://hrlibrary.umn.edu/research/yemen-constitution.html

Freedom of Religion is asserted in the 1964 Constitution of Zambia under Chapter III, Section 13, Article 21. This article asserts freedom to choose a religion, worship in a group or private setting, and manifest or propagate his religion and its practices. It also prevents forced religious instruction in schools and prohibits prevention of practice.

The current Constitution of Zambia was ratified on January 5, 2016. The preamble asserts the protection of freedom of religion, while also declaring Zambia a Christian Republic. Articles 8(d), 118.2(a), and 173.3(a) prohibit discrimination and article 266 defines discrimination to include religious discrimination.

World Statesman. Constitution of Zambia 1964. https://www.worldstatesmen.org/Constitution-Zambia1964.pdf

Parliament of Zambia . “Government of Zambia Act -.” Last modified January 5, 2016. Accessed July 6, 2022. https://www.parliament.gov.zm/sites/default/files/documents/amendment_act/Constitution%20of%20Zambia%20%20(Amendment),%202016-Act%20No.%202_0.pdf.

In the 1964 Constitution of Rhodesia, freedom of religion is asserted in Part 2, Chapter VII, Article 72. When Zimbabwe became an independent state in 1980, The Constitution asserted religious freedom Under Chapter III, Article 19. The current Constitution of Zimbabwe was ratified on 16 March 2013. Articles 5(ciii), 56.3, and 60 grant religious freedoms, equality, and prohibit religious discrimination.

World Statesman. Constitution of Rhodesia. 1965. https://www.worldstatesmen.org/Rhodesia_1965.pdf

Refworld. Constitution of Zimbabwe. 1980. https://www.refworld.org/docid/3ae6b5720.html

Parliament of Zimbabwe . “Constitution of Zimbabwe.” Last modified August 9, 2021. Accessed July 6, 2022. https://parlzim.gov.zw/download/constitution-of-zimbabwe-amendment-no-20-14-05-2013/.

The 1964 Constitution of Afghanistan turned Afghanistan into a modern democracy, and the right to vote was established in Article 46. The 1964 Constitution of Afghanistan granted women equal rights including universal suffrage and the right to run for office.

References:

University of Nebraska, "Constitution of Afghanistan": https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

Article 28 of the 1928 Fundamental Statute of the Kingdom of Albania asserted that Deputies serving in Parliament should be "elected by the people according to law", without offering further specific details about the right to vote.

Article 45 of the Republic of Albania’s 1998 Constitution guarantees the right to vote to the People of Albania so they can exercise their power through their elected representatives in the Parliament (Berhani, I. "Elections and Implementation of the Law of Elections in Albania").

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

Albania Constitution (1998): https://www.constituteproject.org/constitution/Albania_2016?lang=en.

Berhani, Ilir, "Elections and Implementation of the Law of Elections in Albania." (2015). Mediterranean Journal of Social Sciences, 6(2 S5), 155: https://www.richtmann.org/journal/index.php/mjss/article/view/6173/5918

Algeria gained independence from France in 1962 and a new Constitution was passed the following year. Article 13 of the 1963 Constitution held: " Every citizen having reached 19 years of age has the right to vote ." In the 1989 Constitution, Article 62 holds that all people meeting the legal requirements have the right to vote and to be elected (Constitute Project, "Algeria 1989").

References:

1963 Algeria Constitution: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

1989 Algeria Constitution: https://www.constituteproject.org/constitution/Algeria_2016

Article 24 of the 1993 Constitution states that all citizens of age and in full use of their rights are guaranteed suffrage (Constitute Project, "Andorra 1993").

https://www.constituteproject.org/constitution/Andorra_1993?lang=en.

According to Article 20 of the 1975 Constitution, "All citizens over the age of eighteen, other than those legally deprived of political rights, have the right and the duty to take an active part in public life, to vote and to be elected or appointed to any State organ, and to discharge their mandate with complete dedication to the cause of the Fatherland and the Angolan people." However, according to Britannica.com: "The constitution of 1975 established a one-party state headed by a president who was also chairman of the MPLA, which declared itself a Marxist-Leninist vanguard party in 1977."

Article 28 of the 1992 Constitution offered a revised characterization of the right to vote: "It shall be the right and duty of all citizens aged over 18, other than those legally deprived of political and civil rights, to take an active part in public life, to vote and stand for election to any State body, and to fulfill their offices with full dedication to the cause of the Angolan nation."

Article 54 of the 2010 Angola Constitution uses similar language: "1. Every citizen who has attained the age of eighteen years shall have the right to vote and stand for election for any state or local authority body and to serve their terms of office or mandates, under the terms of the Constitution and the law. 2. The right to vote may not be restricted except with regard to the incapacities and ineligibilities prescribed in the Constitution. 3. The exercise of the right to vote shall be personal and non-transferable and shall be a civic duty."

References:

1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010

https://www.britannica.com/place/Angola/Government-and-society

Universal suffrage was introduced in Antigua and Barbuda in 1951 (National Encyclopedia, "Antigua and Barbuda- Politics, government, and taxation"). Antigua and Barbuda’s 1981 Constitution contains the first assertion of the right to vote in the country’s independent history. Section 40 specifically outlines this right.

References:

The 1981 Constitution of Antigua and Barbuda: https://www.legislation.gov.uk/uksi/1981/1106/pdfs/uksi_19811106_en.pdf

National Encyclopedia: https://www.nationsencyclopedia.com/economies/Americas/Antigua-and-Barbuda-POLITICS-GOVERNMENT-AND-TAXATION.html#google_vignette

Men received the right to vote in 1912: "In 1912, the Sáenz Peña law, named for the president at the time, guaranteed universal male suffrage, paving the way for the Radical Party under the leadership of Hipólito Yrigoyen to take power." (Hammond, 66) Women received the right to vote nationwide in Argentina in 1947: "The ratification of the suffrage law in 1947 represented a significant milestone for the feminist movement and a major victory for Perón’s administration." (Hammond, 172)

In 1983, Argentina returned to democracy after almost eight years of authoritarian rule. In April 1994 elections were held to form a Constituent Assembly because of the provisions made to the 1853 Constitution. Under the new Constitution the president is directly elected for a four-year term by universal adult suffrage (ACE Project, “Electoral Systems- Argentina").

References:

Hammond, Gregory. Women's Suffrage Movement and Feminism in Argentina from Roca to Peron, University of New Mexico Press, 2011. ProQuest Ebook Central, http://ebookcentral.proquest.com/lib/gwu/detail.action?docID=3039417.

https://aceproject.org/main/english/es/esy_ar.htm

Article 1 of the 1995 Constitution of Armenia states that Armenia is a "sovereign, democratic state." Article 2 states: "The people exercise their power through free elections and referenda, as well as through state and local self-governing bodies and public officials as provided by the Constitution." Article 27 of the 1995 Constitution states: "Citizens of the Republic of Armenia who have attained the age of eighteen years are entitled to participate in the government of the state directly or through their freely elected representatives. Citizens found to be incompetent by a court ruling, or duly convicted of a crime and serving a sentence may not vote or be elected."

References:

"Constitution of the Republic of Armenia" (1995): http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng

Differing groups in Australia have come to enjoy the right to vote in varying periods in the country's history. According to the Museum of Australian Democracy: "At the colony or state level, women won voting rights over a period of two decades. The first colony to grant women the vote was South Australia in 1893, while the last was Victoria in 1908. Women have been able to vote in federal elections since 1903, due to the Franchise Act of 1902." According to the National Museum of Australia, "From the first federal electoral Act in 1902 to 1965, when the last state changed its law, tens of thousands of Aboriginal and Torres Strait Islander people were subject to regulations which prohibited them from voting at federal and state elections. It wasn’t until 1984 that Indigenous people were finally treated like other voters and required to enrol and vote at elections."

References:

"Indigenous Australians’ right to vote": https://www.nma.gov.au/defining-moments/resources/indigenous-australians-right-to-vote

Museum of Australian Democracy, "Elections and voting in Australia": http://static.moadoph.gov.au/ophgovau/media/images/apmc/docs/62-Elections.pdf?ref=hir.harvard.edu

In Austria, universal suffrage for men was introduced by the Voting Rights Act of 1907 and the country was one of the first in Europe to introduce women’s suffrage in 1918 (Metropole, “Your Right to Vote in Austria”).

References:

https://metropole.at/vienna-legal-right-voting/

Article 56 of the 1995 Constitution of Azerbaijan established the right to vote for citizens.

References:

“Azerbaijan 1995 (rev. 2016).” Constitute. https://www.constituteproject.org/constitution/Azerbaijan_2016

Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971.

The Bahamas Parliamentary Elections Act of 1992 specifies the registration of voters, how the electoral broadcasting council shall conduct its work, how elections are performed and how nominations are seeked (Political Database of the Americas, “Bahamas: Parliamentary Elections Act, 1992”).

According to Article one of the 1973 Constitution, "The citizens shall have the right to participate in the public affairs of the State and enjoy political rights, beginning with the right to vote, in accordance with this Constitution and the conditions and procedures set forth in the law." This right is also found in Chapter I, Article 1 of the 2002 Bahrain Constitution with amendments through 2017: "Citizens, both men and women, are entitled to participate in public affairs and may enjoy political rights, including the right to vote and to stand for elections, in accordance with this Constitution and the conditions and principles laid down by law." Elections choose members of the lower house of Parliament. According to the US Department of State Bahrain 2022 Human Rights Report, "The parliament comprises an upper house appointed by the king, the Shura (Consultative) Council, and an elected Council of Representatives, each with 40 seats. Parliament can propose laws but does not draft legislation."

References:

“Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html

Bahrain 2002 (Rev. 2017) Constitution.” Constitute: https://www.constituteproject.org/constitution/Bahrain_2017?lang=en.

US Department of State Bahrain 2022 Human Rights Report: https://www.state.gov/wp-content/uploads/2023/02/415610_BAHRAIN-2022-HUMAN-RIGHTS-REPORT.pdf

Article 122 of the 1972 Bangladesh Constitution describes the following qualifications for voters: "(1) The elections to Parliament shall be on the basis of adult franchise. (2) A person shall be entitled to be enrolled on the electoral roll for a constituency delimited the purpose of election to Parliament, if he- (a) is a citizen of Bangladesh; (b) is not less than eighteen years of age; c) does not stand declared by a competent court to be of unsound mind; and (d) is or is deemed by law to be a resident of that constituency."

References:

http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf

In 1950 universal adult suffrage was introduced in Barbados for all of 21 years of age and over. In 1963 the right to vote was extended to those having reached the age of 18 years old.

References:

History of the form of Government in Barbados: https://www.electoral.barbados.gov.bb/25104-2/

Article 38 of the 1994 Constitution of the Republic of Belarus states that citizens have the right to vote.

References:

1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults

1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e

Belgian citizens are automatically registered on the electoral rolls when reaching the age of 18 and are subject to compulsory voting under Article 62 of the Belgian Constitution (Legislationline, “The Belgian Constitution”). Universal suffrage rights date to 1948, when women were granted the right to vote. The minimum age to vote was lowered to 18 years in 1981. (The Belgian Senate, "Parliamentary Election")

References:

Legislation Online, "The Belgian Constitution": https://legislationline.org/sites/default/files/documents/98/BELG_Constitution.pdf

The Belgian Senate, "Parliamentary Election": https://www.senate.be/english/LegElectionsEN.html

According to section 92 of the 1981 Constitution, "At any general election-every citizen of Belize or a citizen of any Commonwealth Country who has attained the age of eighteen years and who satisfies the requirements of the Representation of the People Act shall have the right to vote;"

According to Freedom House, "The 31 members of the House of Representatives are directly elected to five-year terms. The Senate has 12 seats. The ruling party, the opposition, and several civil associations select the senators, who are then appointed by the governor general." (Freedom House, “Belize”).

References:

1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html

Freedom House, "Belize": https://freedomhouse.org/country/belize/freedom-world/2023

Article 3 of the 15 February 1959 Constitution of the Republic of Dahomey asserted universal, secret, and equal suffrage.

Currently, the president is elected to a five-year term by popular vote, and is eligible for two terms. National Assembly Delegates are elected to four-year terms. (Freedom House, “Benin”).

References:

"Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57

Freedom House, "Freedom in the World, 2023: Benin": https://freedomhouse.org/country/benin/freedom-world/2023

Article 23(2) of the 2008 Bhutan Constitution discusses the right to vote: "A person shall have the right to vote by direct adult suffrage through secret ballot at an election if the person is: (a) A Bhutanese citizen as evidenced by a Citizenship Card: (b) Not less than eighteen years of age: (c) Registered in the civil registry of that constituency for not less than one year, prior to the date of the election; and (d) Not otherwise disqualified from voting under any law in force in Bhutan.

References:

2008 Constitution of the Kingdom of Bhutan: "Article 23: Elections," Constitution of the Kingdom of Bhutan, 2008 : 46-47: https://heinonline-org.proxygw.wrlc.org/HOL/Page collection=cow&handle=hein.cow/zzbt0002&id=55&men_tab=srchresults

Section 2 Article 26 of the Constitution grants the right for universal suffrage for all people (Constitute Project, “Bolivia’'s Constitution of 2009”). According to the Inter-Parliamentary Union, the right to vote was extended to women in 1952.

References:

“Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009

Inter-Parliamentary Union, "Women's Suffrage": http://archive.ipu.org/wmn-e/suffrage.htm

In accordance with Article II 1, Article IV 1.2 and 4.a and the Article V 1.a of the Constitution of Bosnia and Herzegovina and Article V of the Annex 3 of the General Framework Agreement for Peace in Bosnia and Herzegovina, the Election Law Of Bosnia And Herzegovina was developed in 2001 to promote free and fair elections (Legislationline, “Election Law of Bosnia and Herzegovina”). According to the Inter-Parliamentary Union, the right to vote was extended to women in 1949, when Bosnia and Herzegovina was part of Yugoslavia.

References:

Legislationline, “Election Law of Bosnia and Herzegovina”: https://legislationline.org/sites/default/files/documents/e8/Bosnia_Herzegovina_election_law_2001_am2016_en.pdf

Inter-Parliamentary Union, "Women's Suffrage": http://archive.ipu.org/wmn-e/suffrage.htm

Article 67 of the 1966 Constitution of Botswana described the right to vote, which was granted to citizens of at least 21 years of age meeting residency requirements. An amendment in 1997 lowered the minimum age of voters to 18 years old.

References:

English text of the Constitution of 1966 as amended to Act No. 1 of 1983 [52] (2016) Chapter V: Parliament https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbw0006&id=52&men_tab=srchresults

The Constitution {Amendment) Act, 1997: https://botswanalaws.com/StatutesActpdf/CONSTITUTION%20(AMENDMENT)%20ACT,%2018%20OF%201997.pdf

Women received the right to vote in Brazil in 1932. According to Brazil's Superior Electoral Court, "With the enactment of Decree No. 21,076 (first electoral code in Brazil), the Electoral Court and its structure was created, with a Superior Court and Regional Courts in each state. Among the code's important innovations, women’s right to vote and to be elected stands out – expressed in a legal provision for the first time. In addition, the decree instituted the 5th model of electoral title, secret ballot, and proportional representation."

References:

Superior Electoral Court, "History of the Electoral Justice System": https://international.tse.jus.br/en/superior-electoral-court/history-of-the-electoral-jujstice-system

According to Freedom House, "The unicameral Legislative Council has no political standing independent of the sultan, who appoints its 33 members. Brunei has not held direct legislative elections since 1962."

References:

Freedom House, "Freedom in the World 2023: Brunei" https://freedomhouse.org/country/brunei/freedom-world/2023

According to Article 86 of the 1879 Constitution of the Principality of Bulgaria: "The ordinary National Assembly is composed of Deputies, chosen by direct popular election, in the proportion of one representative for 10,000 individuals of either sex. The Deputies are chosen for a term of three years. The electors are all Bulgarian subjects over twenty-one years of age, and in the enjoyment of civil and political rights. Any Bulgarian subject who enjoys civil and political rights, is over thirty years of age, and can read and write, may be chosen Deputy. A special electoral law will regulate the proceedings of the elections."

Under the 1991 Constitution Article 42, every citizen above the age of 18 is free to participate in elections of state and local authorities and in referendums (Constitute Project, "Bulgaria's Constitution of 1991 with Amendments through 2015").

References:

1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XIV: The Ordinary National Assembly: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=7&men_tab=srchresults

1991 Bulgaria Constitution: https://www.constituteproject.org/constitution/Bulgaria_2015?lang=en.

Articles 3-5 of the 1959 Constitution of Upper Volta discussed voting rights. Article 3 stated that "The Republic of Upper Volta is democratic. Its principle is: government of the people, by the people and for the people." Article 4 asserted the location of sovereignty in the people as a whole: "Sovereignty belongs to the people. No section of the people, nor any individual may arrogate its exercise." Article 5 treated the universality of suffrage: "The people exercise their sovereignty by their representatives. Suffrage is universal, equal and secret. All citizens, of both sexes, of majority, enjoying their civil and political rights, are electors."

Under Article 33 of Title II in the 1991 Constitution of Burkina Faso, as revised in 2015, suffrage is direct or indirect and is universal, equal and secret (Constitute Project, “Burkina Faso's Constitution of 1991 with Amendments through 2015”).

References:

English Translation of the French Official Original Text of the Constitution of 1959 3-4 (2021) Title I: Of the State and of Sovereignty: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbf0033&id=3&collection=cow&index=

1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015

Under Article 8 of Title I, of The State and of The Sovereignty of The People, all Brudians are granted universal suffrage if they are 18 years of age (Constitute Project, “Burundi's Constitution of 2005”). Women gained the right to vote in Burundi in 1961. (Ramirez et.al. 1997,

References:

"Burundi 2005 Constitution": https://constituteproject.org/constitution/Burundi_2005

Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744.

Article 48 of the 1947 Cambodia Constitution stated: "Any Cambodian citizen, who is fully 20 years old is an elector, provided that he is not deprived of his civil rights and that he fulfills the conditions determined by the Electoral Law. Soldiers and officers on the active list can neither be electors nor eligible. It is the same for the monks on account of the Buddhist dogmas."

Khmer citizens 18 years or older are granted the right to vote through universal suffrage under Article 34 of the 1993 Constitution.

References:

1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf

1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539

According to the 1961 Constitution: "National sovereignty shall be vested in the Cameroonian People, which shall exercise such sovereignty either through its deputies in the Federal Assembly or by way of referendum. No section of the People, nor any individual, may assume the exercise thereof. The vote shall be equal and secret; all citizens who have attained the age of twenty-one years shall participate therein."

Under Part I, The State and Sovereignty, Article 2 of the current Cameroon Constitution, voting is equal, secret and by universal suffrage. It is granted to every citizen 20 years of age and older (Constitute Project, “Cameroon's Constitution of 1972 with Amendments through 2008”).

References:

1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf

1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en

In 1876, only men who were 21 years of age or older, and who owned property were able to vote in federal elections. In 1918 Canadian women were given the right to vote in federal elections if they met the same eligibility criteria as men. The 1982 The Canadian Charter of Rights and Freedoms affirms the right of every Canadian citizen to vote and to stand as a candidate (Elections Canada, “A Brief History of Federal Voting Rights in Canada”).

References:

Elections Canada, “A Brief History of Federal Voting Rights in Canada”: https://electionsanddemocracy.ca/voting-rights-through-time-0/brief-history-federal-voting-rights-canada

Under Chapter II, Rights, Liberties and Guarantees in Political Participation, Article 54 of the Cape Verde Constitution all citizens at least 18 years of age have the right to vote and participate in political life directly and through freely elected representatives (Constitute Project, “Cape Verde's Constitution of 1980 with Amendments through 1992”).

References:

Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992

Article 18 of the 1994 Constitution reads as follows: "The principle of the Republic is: “Government of the people, by the people, and for the people”. The national sovereignty belongs to the people who exercise it directly by means of referendum or indirectly by their representatives. No faction of the people nor any individual may assume its exercise. The usurpation of the national sovereignty by a coup d’état or by other means constitutes an unmentionable crime against the Central African people. Any person or third party who would accomplish such acts will have declared war on the Central African people. The right to vote is guaranteed to all adult citizens of either sex in possession of their civil and political rights."

References:

Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf

Universal suffrage is granted directly or indirectly and is equal and secret for those 18 years of age or older under Title I, Of the State and Of Sovereignty, Article 6 of the Constitution of Chad. Women could legally vote in Chad beginning in 1956.

References:

2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en

Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744.

The Constitution of Chile, Chapter II, Nationality and Citizenship, Article 13 grants those Chileans the right to vote "who have reached the age of eighteen years and who have never been sentenced to afflictive punishment.". (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2021”). Women were legally entitled to vote in Chile beginning in 1949.

References:

1980 Chile Constitution with revisions up to 2021: https://www.constituteproject.org/constitution/Chile_2021

Ramirez, Francisco O, Yasemin Soysal, and Suzanne Shanahan. “The Changing Logic of Political Citizenship: Cross-National Acquisition of Women’s Suffrage Rights, 1890 to 1990.” American Sociological Review 62.5 (1997): 744.

Though suffrage was predicated on a number of qualifications with reference to judgments of personal characteristics such as literacy and character, the 1908 Memorial and Edict on Constitutional Government refers to a right to vote, even if in terms of when it cannot be claimed: "Those who have not been residents of their native places for one year or more before the time of election shall not have the right to vote or to stand as candidates."

Under Chapter II, The Fundamental Rights and Duties of Citizens, Article 34 all citizens 18 years of age have the right to vote and stand for election without discrimination. (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018”).

References:

English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

Under Title III, Chapter II, all citizens 18 years of age have the right to vote in all elections. In addition, an Act may grant Alien’s who reside in Colombia the right to vote in municipal and district level elections. (Constitute Project, “Colombia’s Constitution of 1991 with revisions through 2015”).

According to Title I, Article 4, suffrage can be indirect or direct and is universal, equal and secret. All Comorians of either sex who are in possession of their civi and political rights may vote as provided for by the statute. (Constitute Project, "Comoros's Constitution of 2001 with Amendments through 2009").

Section II Sovereignty, Article 5 establishes the conditions of organization of the elections and of the referendum. Suffrage is universal, equal, secret and can be direct or indirect. Without prejudice to the provisions of article 70, 102 and 106 all Congolese of both sexes, of 18 years of age, and enjoying their civil and political rights are electors and eligible. (Constitute Project, “Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011”).

Under Title I, Of The State and Of Sovereignty, Article 6, suffrage is direct or indirect and is free, equal and secret. Established by the law all Congolese 18 years of age, enjoying their civil and political rights are electors. (“Congo (Republic of the)'s Constitution of 2015”).

According to Title VIII, Chapter II, all birthright citizens 18 years or older and naturalized citizens, 12 months or greater after naturalization, have the right to suffrage facilities. (Constitute Project, “Costa Rica’s Constitution of 1949 with revisions through 2020).

Under Title II, Article 45, all birthright citizens 18 years or older, have access to universal, and equal suffrage through secret and direct ballots to determine the Croatian Parliament, President of the Republic of Croatia, and the European Parliament. (Constitute Project, “Croatia’s Constitution of 1991 with revisions through 2013).

Article 205 of Cuba’s Constitution states that voting is the right of all Cuban citizens over the age of 16 unless they have been judicially disqualified to vote. Article 104 states that the National Assembly of the People’s Power is made up of representatives elected via direct, free, and secret elections. Additionally, Article 126 states that the President is elected by similar principles. (Constitute Project, “Cuba’s Constitution of 2019).

Under Article 63, Part II, all birthright citizens at the age of 18 years or older are eligible to be electors in either the Greek or Turkish electoral list based on their own nationality. Within each list the elector may vote for their respective representative. (Constitute Project, “Cyprus’ Constitution of 1960 with revisions through 2013).

According to Chapter I, Article 56, all citizens at the age of 18 years or older have a right to direct and universal voting. Under Chapter 2, this voting is done by secret ballot and is based on proportional representation. (Constitute Project, “Czech Republic’s Constitution of 1993 with revisions through 2013).

Under Part 4, all citizens who are permanent residents of Denmark and are at the age of suffrage, which is set by referendum, can vote in Folketing elections. (Constitute Project, “Denmark’s Constitution of 1953).

Under Title I, Article V, all Djiboutian nationals of majority have a right to Suffrage regardless of gender. (Constitute Project, “Djibouti’s Constitution of 1992 with revisions through 2010).

Under Chapter III, Part 1, any resident who is a birthright citizen or naturalized citizen of Dominica and is over the age of 18 has a right to suffrage via a secret and unimposed ballot unless this right has been taken away by Parliament. (Constitute Project, “Dominica’s Constitution of 1978 with revisions through 2014).

Article 208 in the Dominican Republic’s constitution grants the right of universal, direct, free, and secret suffrage to all citizens over the age of 18, with the exceptions of Members of the Armed Forces and individuals whose rights have been revoked by courts. (Constitute Project, “Dominican Republic’s Constitution of 2015).

Section 47 of the 2002 Constitution of East Timor sets out the right to vote: "1. Every citizen over the age of seventeen has the right to vote and to be elected. 2. The exercise of the right to vote is personal and constitutes a civic duty."

References:

2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf.

According to Article 35 of the 1897 Ecuador Constitution: "There shall be freedom of suffrage."

Under Article 62 of the Constitution of Ecuador voting is mandatory for those over the age of 18. Voting is optional for those between the ages of 16-18 and elderly persons 65 years of age and older (Constitute Project, “Ecuador's Constitution of 2008”).

References:

1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults

2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en.

According to Article 3 of the 1923 Constitution, "Egyptians shall be equal before the law in enjoying civil and political rights, and in public duties and mandates, with no discrimination among them therein on the grounds of origin, language or religion." Articles 74 and 82 described the choice of members of the House of Representatives and three-fifths of the Senate as "elected by public vote as per the provisions of the electoral law."

Part II, Rights and Freedoms, Article 55 of the Egyptian Constitution grants universal suffrage and compulsory voting for every Egyptian citizen over 18. If one fails to vote, they can receive a fine or even imprisonment, but a significant percentage of eligible voters do not vote (Constitute Project, “Egypt's Constitution of 2012”).

References:

“Royal Decree No. 42 of 1923” 1923: https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf

https://www.constituteproject.org/constitution/Egypt_2019?lang=en

The Constitution of El Salvador grants its citizens political rights under Chapter III, Citizens, Their Political Rights and Duties in The Electoral Body. Article 71 allows those over the age of 18 to vote and Article 72 secures the exercise of suffrage (Constitute Project, “El Salvador's Constitution of 1983 with Amendments through 2014”)

Under the First Title, Fundamental Principles of the State, Article 2 of the Constitution of Equatorial Guinea grants the people with sovereignty to be exercised by way of universal suffrage (Constitute Project, “Equatorial Guinea's Constitution of 1991 with Amendments through 2012”).

Article 30 of the 1997 Constitution states: "All Eritrean citizens, of eighteen years of age or more, shall have the right to vote."

References:

Eritrea 1997 Constitution: https://www.constituteproject.org/constitution/Eritrea_1997?lang=en.

Chapter III, The People, Article 56 allows for the supreme power of state to be exercised by the people through citizens with the right to vote. Article 57 grants the right to vote to those of the age of 18 (Constitute Project, “Estonia's Constitution of 1992 with Amendments through 2015”).

Under Chapter VII, The Legislature, Section 88, Qualifications as a Voter, a person is qualified to vote if they are of the age of 18 and a citizen or ordinarily resident in Swaziland (Constitute Project, “Eswatini Constitution of 2005”).

Article 38 of the Ethopian Constitution grants every Ethiopian national that is 18 years of age, without any discrimination, to take part in the conduct of public affairs, directly and through freely chosen representatives through universal and equal suffrage (Constitute Project, “Ethiopia's Constitution of 1994”).

Section 40 of the 1970 Constitution of Fiji asserted that the right to vote would be enjoyed by citizens of Fiji 21 years of age and over.

According to Chapter 3, Parliament, Part B, Composition, Section 55, Voter Qualifications and Registration, of the Constitution of Fiji every citizen who is 18 years of age has the right to be registered as a voter, in the manner and form prescribed by a written law governing elections or registration of voters. (“Fiji's Constitution of 2013”)

References:

1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf

2013 Constitution of Fiji: https://www.laws.gov.fj/Home/information/constitutionoftherepublicoffiji#:~:text=The%20Constitution%20of%20the%20Republic,the%20procedures%20in%20the%20Constitution.

Section 14 of the Finish Constitution grants universal suffrage to every Finnish citizen who has reached 18 years of age and has the right to vote in national elections and referendums (Constitute Project, “Finland's Constitution of 1999 with Amendments through 2011”).

Under Article 3 of the French Constitution suffrage may be direct or indirect and will always be universal, equal and secret. (Constitute Project, “France's Constitution of 1958 with Amendments through 2008”)

Under Title I, Article 4, Suffrage can be direct or indirect, is universal and secret. Gabonese citizens must be at least 18 years of age to vote. (Constitute Project, “Gabon’s Constitution of 1991 with Amendments through 2011”).

According to Chapter 5, Article 39, every citizen over the age of 18 and of sound mind is eligible to vote in universal elections through a secret ballot to freely elect representatives. (Constitute Project, “Gambia’s (The) Constitution of 1996 with Amendments through 2018”).

Under Article 37 and Article 74 of Georgia’s Constitution, citizens have the right to vote in local elections and for members of Parliament in fair and free elections by secret ballots. (Constitute Project, “Georgia’s Constitution of 1995 with revisions through 2018”).

In Articles 17 and 22 of the 11 August 1919 Constitution of the German Reich (The Weimar Constitution) the franchise was extended to women and men of at least 20 years of age.

Under Article 37 of Germany’s 1949 constitution, every citizen over the age of 18 is allowed to vote in elections. Members of the German Bundestag are elected every four years via free, equal, direct, and secret elections (Constitute Project, “Germany’s Constitution of 1949 with Amendments through 2014”).

References:

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Germany 1949 Constitution: https://www.constituteproject.org/constitution/German_Federal_Republic_2014

Under Chapter 7, Article 42, every citizen over the age of 18 and of sound mind is eligible to vote in public elections and referendum via secret ballot. (Constitute Project, “Ghana’s Constitution of 1992 with Amendments through 1996”).

Under Section III, Article 51, every citizen who has met the minimum age requirement of 18, is not legally incapactiated, and has not had the right revoked for criminal actions must vote for members of Parliament via direct and secret ballots.(Constitute Project, “Greece’s Constitution of 1975 with Amendments through 2008”).

Under Chapter III, Part I, any citizen who is 18 years of age or older may vote for his/her district representative for the House of Representatives unless that right has been legally revoked by Parliament. (Constitute Project, “Grenada’s Constitution of 1973, Reinstated in 1991 and with Amendments through 1992”).

Under Chapter II, any citizen, by definition over 18 years of age, has the freedom of suffrage. Citizens may cast secret ballots to elect the Congress of the Republic, President, and Vice-President. (Consitute Project, “Guatemala’s Constitution of 1985 with Amendments through 1993”).

Under Guinea’s Constitution, the President and members of the legislature are elected via free, equal, direct, and secret elections. All citizens are allowed to vote as long as they are over 18 and meet citizenship requirements. (Constitute Project, “Guinea’s Constitution of 2010”).

According to Section II, Article 63, The President of the Republic is elected through universal, secret suffrage of the electing citizens. Electing citizens must be 18 years or older. (Constitute Project, “Guinea-Bissau’s Constitution of 1984 with Amendments through 1996”).

According to Title II, persons 18 years or upwards and either a citizen of Guyana or a commonwealth citizen who has also been a Guyana resident for 1 year may vote in elections for Parliament. (Constitute Project, “Guyana’s Constitution of 1980 with Amendments through 2016”).

Under Article 17, Haitians 21 years or older may participate in universal voting regardless of sex or marital status. (Constitute Project, “Haitian Constitution of 1987 with Amendments through 2012”).

According to Article 5, voting is seen as a public duty. All Honduras citizens, by definition over the age of 18, are obligated to vote in universal, egalitarian, direct, free, and secret elections. (Constitute Project, “Honduras’ Constitution of 1982 with Amendments through 2013”).

Under Articles 2 and 35, members of the National Assembly and of Local government are elected via fair and equal elections. (Constitute Project, “Hungry’s Constitution of 2011 with Amendments through 2016”).

Under Article 33, all Icelandic citizens of the age of 18 or older have the right to vote in Althingi. Permanent naturalized Icelandic citizens is a requirement for non-birthright persons who wish to vote. Under Article 5, such persons may also vote for president. (Constitute Project, “Iceland’s Constitution of 1944 with Amendments through 2013”).

Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage. The Constitution Act of 1988, the Sixty-first Amendment changed the age of voting to 18 (Government of India, “The Constitution (Sixty-first Amendment) Act, 1988”).

Citizens of Indonesia vote for members of the People’s Representative Council as long as they are over 17 and have a valid voter ID card. (Constitute Project, “Indonesia’s Constitution of 1945, reinstated in 1959 with Amendments through 2002”).

Under Article 62, the Islamaic Consultative Assembly is elected directly by the people through a secret ballot. Eligible voters must either be birthright citizens of the Islamic Republic of Iran or naturalized citizens and of an age dictated by referendums and law. Under Article 6, the President and referendums must also be voted on by the public. (Constitute Project, “Iran’s (Islamic Republic of) Constitution of 1979 with Amendments through 1989”).

References:

“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. https://www.constituteproject.org/constitution/Iran_1989.

In Article 20, the Iraqi Constitution states that all citizens shall have the right to vote, elect, and run for office. The voting age in Iraq is 18 years old. (Constitute Project, “Iraq’s Constitution of 2005”).

References:

“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005.

Under Article 16, all Irish citizens over the age of 18 have the right to universal elections of the Dáil Éireann. Under Article 12, all Irish citizens who have the right to vote for the Dáil Éireann have the right to vote for the President through Single Transferable Vote elections. (Constitute Project, “Ireland’s Constitution of 1937 with Amendments through 2019”).

Under Article 5, all Israeli Nationals over the age of 18 have the right to vote in elections to the Knesset, unless a court has deprived them of that right. (Constitute Project, “Israel’s Constitution of 1958 with Amendments through 2019”).

Under Article 48, any citizen, regardless of gender, who has attained majority is entitled to vote. The vote is free, secret, and a civic duty. The Chamber of Deputies is elected via universal suffrage, the Senate of the Republic is elected via regional voting, (Constitute Project, “Italy’s Constitution of 1947 with Amendments through 2020”).

Under Article 48, any citizen, regardless of gender, who has attained majority is entitled to vote. The vote is free, secret, and a civic duty. The Chamber of Deputies is elected via universal suffrage, the Senate of the Republic is elected via regional voting, (Constitute Project, “Italy’s Constitution of 1947 with Amendments through 2020”).

According to Article 37, any Jamaican citizen 21 years or older may be an elector in elections for the House of Representatives. Any naturalized citizen may also vote in elections for the House of Representatives as long as they have been naturalized for at least 12 months prior to registering to vote. (Constitute Project, “Jamaica’s Constitution of 1962 with Amendments through 2015”).

Article 35 of the 1889 Japan Constitution holds: "The House of Representatives shall be composed of members elected by the people, according to the provisions of the electoral law."

According to Article 15 of the 1946 Japan Constitution: "The people have the inalienable right to choose their public officials and to dismiss them. All public officials are servants of the whole community and not of any group thereof. Universal adult suffrage is guaranteed with regard to the election of public officials. In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

According to Article 67, the House of Representatives shall be composed of members elected by general, secret and direct elections by the citizens of Jordan which will be defined by law. (Constitute Project, “Jordan’s Constitution of 1952 with Amendments through 2016”).

Article 109 of the Kazakhstan Constitution of 1993 states: "Elections of the deputies of the Supreme Soviet, of the President and deputies local representative bodies shall be held on the basis of universal, equal and direct right to vote by secret ballot." According to Article 110, "Elections shall be universal: all citizens of the Republic of Kazakhstan who have reached the age of 18 shall have the right to vote. Citizens acknowledged to be incapable by court and also persons kept in places of imprisonment shall not participate in elections."

According to Article 86 of the 1995 Kazakhstan Constitution, local representatives shall be elected by the of-age population through universal, secret suffrage for a five year term. In addition, under Article 41, the President of the Republic shall also be elected by the of-age population through universal suffrage via a secret ballot. (Constitute Project, “Kazakhstan’s Constitution of 1995 with Amendments through 2017”).

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 114

1995 Constitution: https://www.constituteproject.org/constitution/Kazakhstan_2017

The qualifications of citizens to vote was described in Schedule 5 of the 1963 Constitution. The right to vote was guaranteed to citizens meeting certain qualifications, or their spouses. One such qualification was residence for some length of time. The qualifications varied with respect to the particular office for which a citizen would be voting.

Under Article 38, every citizen has the right to free and fair elections based on universal suffrage. Every citizen over the age of 18 can register as a voter, vote by secret ballot or in a referendum, and run for elected office. (Constitute Project, “Kazakhstan’s Constitution of 2010”).

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

2010 Constitution of Kenya: https://constituteproject.org/constitution/Kenya_2010

Under Article 64, every citizen of Kiribati who is over 18 and is a resident of one of the electoral districts established by the Kiribati constitution is entitled to be an elector in the district in which he is a resident. The person may then vote for his representative in the Maneaba ni Maungatabu. (Constitute Project, “Kiribati’s Constitution of 1979 with Amendments through 2013”).

Under Article 87, citizens have a right to elect members of The National Assembly every 4 years or if the Emir calls for a special election after dissolving The National Assembly. (Constitute Project, “Kuwait’s Constitution of 1979, reinstated in 1992”).

According to Article 1.6 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Citizens of the Kyrgyz Republic shall elect the President, deputies of the Legislative Assembly of the Jogorku Kenesh and the .Assembly of People's Representatives of the Jogorku Kenesh and their representatives to the bodies of self-administration. Elections shall be free and shall be held on the basis of universal equal and direct suffrage by secret ballot. To participate in the election, a citizen must have attained the age of 18"

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

Under Article 4, members of the National Assembly and the Local People’s Assemblies are voted into office via equal and direct voting with secret ballots. The voting age in Laos is 18 years old. (Constitute Project, Laos’s Constitution of 1991, with Amendments through 2015)

Under Chapter II, Article 6, The Saeima shall be elected in general, equal, and direct elections and by secret ballot through proportional representation by Latvian citizens over 18 years of age. Citizens who are eligible to vote for The Saeima are also eligible to vote in national referendums according to Chapter III, Article 80 of the Latvian Constitution. (Constitute Project, “Latvia’s Constitution of 1992, reinstated in 1991, with Amendments through 2016”).

Under Article 21, every Lebanese citizen twenty-one years or older has the right to vote in public elections. Elections elect members to the Board of Deputies. (Constitute Project, Lebanon’s Constitution of 1926 with Amendments through 2004”).

Chapter VI of the 1966 Lesotho Constitution refers to the qualifications to vote. Under Article 57 of the 1993 Constitution, Citizens of Lesotho who are 18 years of age or older and reside in Lesotho may vote in elections to The National Assembly, which is the first chamber of the Lesotho government. (Constitute Project, “Lesotho’ Constitution of 1993 with Amendments through 2018”).

References:

1966 Lesotho Constitution: O’LEARY, B. L. “THE CONSTITUTION OF LESOTHO: AN OUTLINE.” The Comparative and International Law Journal of Southern Africa 1, no. 2 (1968): 266–70. http://www.jstor.org/stable/23240737.

1993 Lesotho Constitution:https://www.constituteproject.org/constitution/Lesotho_2018.

Under Article 83, Citizens of Liberia may vote for the President, Vice-President, members of the Senate, members of The House of Representatives, and referendum once they meet the legal adult age as dictated by law. (Constitute Project, Liberia’s Constitution of 1986”).

Under Article 18, The National Transitional Council is the electoral body responsible for electing the President of Libya. This council consists of members of the local councils throughout the country. (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012”).

According to Article 46, Parliament shall consist of 25 publicly selected representatives that will be elected through secret, universal, and direct suffrage by Liechtenstein citizens over the age set by law. (Constitute Project, “Liechtenstein’s Constitution of 1921 with Amendments through 2011”).

According to Article 78, any citizen who has reached the age of 18 by election day has a right to vote in public, direct, and secret elections for the President of the Republic. Under Article 34, those who are eligible to vote for the President of the Republic may also participate in the elections of the Seimas. (Constitute Project, “Lithuania’s Constitution of 1992 with Amendments through 2019”).

Under Article 32bis, The Deputies of the Chamber of Deputies are elected by universal suffrage following the rules of proportional representation. Any Luxembourg citizen of the age of 18 or older is eligible to vote in these elections according to Article 52. (Constitute Project, “Luxembourg’s Constitution of 1868 with Amendments through 2009”).

Under Article 5, Madagascar’s Constitution grants universal suffrage via direct and indirect elections. The voting age in Madagascar is 18 years old. Additionally, Article 45 states that the President of the Republic is voted into office every 5 years by universal direct suffrage. (Constitute Project, “Madagascar's Constitution of 2010 ”).

Under Article 77, an eligible voter must be a citizen of Malawi or a Malawi resident of at least 7 years, 18 years of age or older, and a resident of the constituency of which they are trying to vote. If all of these are true, the voter may participate in general elections, by-elections, presidential elections, local government elections, and referendums. (Constitute Project, “Malawi’s Constitution of 1994 with Amendments through 2017”).

Under Article 119 of the 1957 Constitution, every citizen of Malaysia who is the age of 21 years or older, is a resident in a constituency, and is registered as an elector in the constituency in which he/she resides is eligible to vote in elections to the House of Representatives or the Legislative Assembly.

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

According to Article 26 of the 2008 Constitution, every citizen over the age of 18 has the right to vote in elections and public referendums via secret ballots and run for office in the Maldives. According to Article 10, the President is elected by universal suffrage. (Constitute Project, “Maldives’s Constitution of 2008”).

References:

2008 Maldives Constitution: https://www.constituteproject.org/constitution/Maldives_2008

According to Article 27, suffrage is granted to all citizens of Mali over the age of 18 to participate in universal, equal, and secret elections. The President of Mali is elected every 5 years by an absolute majority of votes. Additionally, under Article 61, the Deputies are elected every 5 years via universal suffrage. (Constitute Project, “Mali’s Constitution of 1992 ”).

According to Article 57, a citizen of Malta over the age of 18 and currently residing in Malta may vote in secret elections via transferable voting. These public elections are used to determine the members of the House of Representatives through proportional representation. (Constitute Project, “Malta’s Constitution of 1964 with Amendments through 2016”).

According to Section 3, elections of the members of Nitijela shall be conducted via a secret ballot system based on universal suffrage of those who have attained the age of 18 years or greater unless they are certified insane or are currently serving time for a felony. (Constitute Project, “Marshall Islands’ Constitution of 1979 with Amendments through 1995”).

Under Article 3, suffrage, both indirect and direct, must be universal, equal, and secret and is a right provided to everyone who has met the legal age requirement regardless of gender. Article 26 states that The President is elected by universal suffrage. Under Article 47, the Deputies to the National Assembly are elected via direct suffrage, however the senators are elected via indirect suffrage in order to represent the all territories of The Republic. (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012”).

Under Article 42, a person may be an elector if they are a citizen of at least 18 years of age and reside in the constituency in which they wish to vote. Electors shall elect members of The Parliament of Mauritius which consists of 70 members and elects the President. (Constitute Project, “Mauritius’ Constitution of 1968 with Amendments through 2016”).

Under Article 52, Mexicans of 18 years of age or older may participate in public elections. The House of Representatives shall be elected 1/3rd through uninominal voting and 2/3rds through proportional representation. All 128 senators shall be elected via majority voting by their own state. Under Article 41, elections of the legislative branch and executive branch shall be free, authentic, and periodical through universal and direct voting. (Constitute Project, “Mexico’s Constitution of 1917 with Amendments through 2015”).

Under Article VI, a citizen of 18 years of age or greater may vote in secret national elections to the Senate. Law shall determine the length of time one must be a resident to register to vote. Conviction of a crime and insanity remove ones ability to vote. (Constitute Project, “Micronesia’s (Federal States of) Constitution of 1978 with Amendments through 1990”).

Under Article 38, all citizens who have attained 18 years of age have a right to suffrage unless prevented by law. Article 61 states that elections for the Parliament shall be elected by universal, direct, equal, secret, and freely expressed suffrage. Under Article 78, the President shall be elected by similarly run elections with a majority needed to become elected. If a majority is not found after the first ballot, a second ballot will be voted upon with the top two candidates to determine the winner. (Constitute Project, “Moldova’s (Republic of) Constitution of 1994 with Amendments through 2016”).

According to Globalsecurity.org, "It is by the 1911 Constitution that Monegasques acquired the right to elect their representatives." W.F. Dodd noted in 1911 offered this characterization of the 1911 Monaco Constitution: "A single-chambered legislative body elected by universal male suffrage is established, and thus the appearance of constitutional government is assumed, while the reigning prince retains the substance of power." Article 53 of the 1962 Constitution holds that the 24 members of The National Council are elected by direct universal suffrage. Electors are Monegasque citizens, of either gender, who have reached 18 years of age.

https://www.globalsecurity.org/military/world/europe/mc-nc.htm

(Constitute Project, “Monaco’s Constitution of 1962 with Amendments through 2002”): https://www.constituteproject.org/constitution/Monaco_2002

Dodd, W. F. “Constitutional Developments in Foreign Countries During 1910.” The American Political Science Review 5, no. 3 (1911): 426.

Chapter IV, Articles 34 and 35 of the 1924 Constitution of the Mongolian People's Republic outlined the right to vote, identifying groups included and excluded from this right. Article 34 reads: "The right to elect and to be elected to the Assemblies (Great, Small and local) is enjoyed by the following categories of citizens of the Republic of both sexes who have reached the age of 18 years by the day of the elections: - (a) Those who earn their livelihood by their own labour, and also persons occupied in labour on their own account. (b) Soldiers of the people's revolutionary army." Article 35 reads: "The following cannot elect or be elected:-- (a) Persons who live exclusively by the exploitation of others with the manifest object of enrichment. (b) Merchants and usurers who live by the labour of others and on interest from capital and income. (c) Former princes, hutuktus and members of religious bodies who de facto reside permanently in monasteries. (d) Persons legally declared insane or mentally deranged. (e) Persons sentenced by a court for crimes inspired by personal advantage or of an opprobrious character."

Article 71 of the 1940 Constitution of the Mongol People's Republic guaranteed the right to vote, though it named a large number of groups that were excluded from this right. In 1944 this article was amended to read: "All citizens of the Mongol People's Republic, who have reached the age of eighteen, have the right to participate in elections and to be elected, irrespective of their sex, nationality, religion, education, nomadic or settled mode of life, and property status, with the exception of the insane and persons convicted by the court, whose sentence includes deprivation of electoral rights."

According to Article 21, members of The State Great Hural shall be elected by citizens who are qualified to vote, via universal, free, and direct voting. Under Article 31, each political party in The State Great Hural may provide one nominated presidential candidate which the citizens may vote on. (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001”).

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

“Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735

“Mongolia 1992 (rev. 2001).” Constitute. https://www.constituteproject.org/constitution/Mongolia_2001

Under the 1905 Constitution, citizens of Montenegro elected deputies to the legislature. Article 46 describes these elections as direct. Article 48 offers the general rule for eligibility for the franchise: “Every Montenegrin citizen of age is elector by right, without regard to the sum which he pays as taxes.” Article 49 describes exceptions to that rule: “The following Montenegrin citizens lose temporarily their electoral rights: 1. Those who are sentenced to prison, until they have recovered their civil rights. 2. Those who are, as a consequence of some transgression, condemned to the loss of civil honors, this during the continuance of the penalty. 3. Bankrupts. 4. Those who are under guardianship. 5. Those who have entered the service of a foreign State without the authorization of the Montenegrin government.” Article 50 excludes members of the army from eligilility to serve as electors.

The Constitution of Montenegro states that citizens (age 18 or older) are entitled to vote in national elections for members of Parliament and for the President. (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013”).

1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 " "Part 2: The National Representation," Constitution of 6/19 December 1905. (1905): 412-414: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

Article 2 of Morocco’s Constitution states that representatives are elected by the people via principles of universal and free suffrage. Article 30 expands on the claim to universal suffrage stating that voting is a “personal right and national duty” granted to Moroccan citizens (age 18 and older). (Constitute Project, “Morocco’s Constitution of 2011”).

Under Article 73, citizens of Mozambique are granted the right of universal, direct, and equal suffrage by secret ballot. Citizens of Mozambique can vote once they are 18 years old. (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007”).

Article 391 of Myanmar’s Constitution states that citizens at least 18 years old have the right to vote for each Hluttaw of their constituency. The only individuals that are not allowed to vote are those 1) “members of religious orders,” 2) those serving sentences, 3) incompetent individuals, 4) individuals otherwise disqualified by law. (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015”).

Under Article 17, every citizen of Namibia, who has reached the age of 18, has a right to suffrage. Article 28 states that the President shall be elected under direct, universal, and equal suffrage. The National Assembly, under Article 46, shall be composed of 96 members who are elected by general, direct, and secret ballot. 8 other members shall be appointed by the President. (Constitute Project, “Namibia’s Constitution of 1990 with Amendments through 2014”).

Article 84 states that citizens of Nauru can vote for members of Parliament and for referendums based on the principles of universal suffrage. The voting age in Nauru is 20 years old. (Constitute Project, “Nauru’s Constitution of 1968 with Amendments through 2015”).

Under Article 84, any Nepali citizen who has attained the age of 18 years has a right to suffrage. The House of Representatives consists of 165 members to be elected through the post electoral system and 110 elected through a proportional representation electoral system. The National Assembly is voted upon by local elected leaders according to Article 86. According to Article 62, members from The National Assembly and The House of Representatives make up an electoral college to elect the President. (Constitute Project, “ Nepal’s Constitution of 2015 with Amendments through 2016”).

Article 4 of the Dutch Constitution states that every Dutch citizen has the right to elect members of Parliament and run for office, so long as they are over the age of 18. The voting age is set by Parliament. (Constitute Project, “ Kingdom of the Netherland's Constitution of 1814 with Amendments through 2008”).

Article 12 of New Zealand’s Constitution grants citizens over the age of 18 the electoral rights of voting for members of the House of Representatives by secret ballot and to run to be a member of the House of Representatives. (Constitute Project, “New Zealand’s Constitution of 1852 with Amendments through 2014”).

Under Article 2 of Nicaragua’s Constitution, Nicaraguan citizens are granted the right of “sovereign power through their representatives” via equal, direct, universal and secret suffrage. Articles 132, 146, and 178 grant the right for citizens to vote for the President, legislators in the National Assembly, and local officials. (Constitute Project, “ Nicaragua’s Constitution of 1987 with Amendments through 2014”).

Article 7 of Niger’s Constitution grants Nigerian citizens over the age of 18 or “emancipated minors'' the right to direct and indirect suffrage via equal, free, and secret ballots. Articles 47 and 84 states that the President and The Deputies are elected via universal suffrage (Constitute Project, “ Niger’s Constitution of 2010 with Amendments through 2017”).

Article 4 of Nigeria’s Constitution grants citizens the right to vote for members of the House of Assembly. Article 117 states that any citizen over the age of 18 that is registered to vote may do so in these elections. (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011”).

Under Article 6, citizens of the Democratic People’s Republic of Korea are granted the right of universal, equal and direct suffrage. Citizens over the age of 17 can vote for members of the Supreme People’s Assembly according to Article 89 and the local People’s Assembly under Article 138. (Constitute Project, “ North Korea’s Constitution of 1972 with Amendments through 2016”).

Article 22 in the Constitution of North Macedonia grants citizens over the age of 18 the right to vote in universal and direct elections with secret ballots. If a person is “deprived of the right to practice their profession by a court verdict,” they lose their right to vote. Citizens vote for the Assembly of the Republic of Macedonia under Article 62 and the President of the Republic under Article 81. (Constitute Project, “North Macedonia (Republic of)'s Constitution of 1991 with Amendments through 2011”).

Article 50 of Norway’s Constitution grants nearly all citizens over the age of 18 the right to vote. Citizens residing outside Norway during the election or who “Suffer from a seriously weakened mental state” are subject to the determination of law on whether or not they may vote. (Constitute Project, “Norway's Constitution of 1814 with Amendments through 2014”).

Under Article 58bis 9 of Oman’s Constitution, members of the Majlis Al Shura are elected through direct and secret votes. Citizens of Oman must be 21 or older to vote for these members. (Constitute Project, “ Oman’s Constitution of 1996 with Amendments through 2011”).

Article 51 states that an individual in Pakistan may vote if they are a citizen, are over the age of 18, are registered to vote, and have a sound mind. Members of the National Assembly are elected via direct and free suffrage. (Constitute Project, “ Pakistan’s Constitution of 1973, reinstated in 2002 with Amendments through 2018”).

Article 7 of the Constitution of Palau grants citizens over the age of 18 the right to vote in National and state elections. The Olbiil Era Kelulau (the legislative body) determines the residency requirements of voting in these elections. (Constitute Project, “Palau’s Constitution of 1981 with Amendments through 1992”).

Article 135 states that it is the right and duty of all citizens of Panama to vote in their free, universal, direct, and secret elections. The voting age in Panama is 18. Article 150 states that the members of the National Assembly of Panama are voted into office. (Constitute Project, “ Panama’s Constitution of 1972 with Amendments through 2004”).

Under articles 50 and 126 all citizens over the age of 18 may vote unless they are serving a sentence over 9 months, have been convicted of a crime or have dual citizenship. Voters elect the members of Parliament via universal suffrage. (Constitute Project, “ Papua New Guinea’s Constitution of 1975 with Amendments through 2016”).

Article 118 of Paraguay’s Constitution states that it is the right and duty of citizens to vote in their universal, direct, equal and secret elections. Article 120 states that the voting age is 18 and that Paraguayan citizens living abroad may also vote. (Constitute Project, “ Paraguay’s Constitution of 1992 with Amendments through 2011”).

Under articles 111 and 191 the President and the Regional Governors are elected through universal suffrage. The voting age in Peru is 18 years of age. (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021”).

Article 5 of the Constitution of the Philippines concerns suffrage, stating that citizens over the age of 18 that have resided in the country for the previous year are entitled to vote. Article 6 states that the members of the Senate, House of Representatives, and the President are elected to office by universal suffrage. (Constitute Project, “ Philippines’s Constitution of 1987”).

Article 62 of the Polish Constitution grants citizens over the age of 18 the right to vote for the President and representatives of the Sejm and Senate and participate in referendums. Article 127 states that the President of the Republic is elected by the people every 5 years via universal, direct, and secret voting. (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009”).

Article 10 states that political power is exercised via universal, direct, and secret suffrage granted to citizens of Portugal (over 18 years of age). Article 121 states that the President of the Republic is elected via universal, direct, and secret suffrage. (Constitute Project, “ Portugal’s Constitution of 1976 with Amendments through 2005”).

Under article 93 of Qatar’s Constitution the President is elected via secret ballot by the majority of votes from attending members of the Council. Qatar is not a democracy and therefore citizens have not traditionally had the right to vote for political officials. (Constitute Project, “ Qatar’s Constitution of 2003”).

Article 36 of Romania’s Constitution grants citizens over the age of 18 who are mentally sound and have not had voting privileges revoked in court may vote. Articles 62 and 81 state that The Chamber of Deputies and the President are elected via universal, equal, direct, and secret suffrage (Constitute Project, “ Romania’s Constitution of 1991 with Amendments through 2003”).

Article 81 states that the President is elected every 6 years via universal, equal, and direct suffrage by a secret ballot. The voting age in Russia is 18 years of age. (Constitute Project, “ Russia’s Constitution of 1993 with Amendments through 2014”).

Article 2 grants universal and equal suffrage to all Rwandan citizens via direct and indirect elections. The voting age in Rwanda is 18 years old. Article 75 states that the Chamber of Deputies is elected to office via direct universal suffrage. (Constitute Project, “ Rwanda’s Constitution of 2003 with Amendments through 2015”).

Under article 29 of the Constitution all citizens over the age of 18 are entitled to universal suffrage by secret ballot for the purpose of electing Representatives. Article 38 also grants these same individuals the right to vote in referendums. (Constitute Project, “ Saint Kitts and Nevis’s Constitution of 1983”).

Article 33 grants citizens (over the age of 18) the right to vote for members of the House of Representatives via universal suffrage by secret ballot. (Constitute Project, “ Saint Lucia’s Constitution of 1978”).

Under article 27 all citizens who are over the age of 18 and meet proper residence requirements are entitled to vote for representatives based on the principles of universal suffrage by secret ballot. (Constitute Project, “Saint Vincent and the Grenadines’s Constitution of 1979”).

The Constitution of Samoa has little mention of universal and direct suffrage because the Head of State is appointed by the Legislative Assembly. Members of the Legislative Assembly are elected to represent the 41 territorial villages, however the specifics of voter laws and processes are not described. It is known, however, that the voting age is 21. (Constitute Project, “Samoa’s Constitution of 1962 with Amendments through 2017”).

According to Article 7, suffrage is universal, secret, and direct and is granted to all citizens of the country over the legal voting age of 18. (Policing Law, “San Marino’s Constitution of 1974”).

Article 58 of the Constitution grants all citizens over the age of18 the right to vote as long as they are competent. Article 78 states that the President of the Republic is elected by universal, free, direct, and secret suffrage. (Constitute Project, “São Tomé and Príncipes’s Constitution of 1975 with Amendments through 2003”).

Citizens of Saudi Arabia do not typically have the consistent and direct right to vote in elections, especially for national offices. Elections have been held intermittently in recent history. (Constitute Project, “Saudi Arabia’s Constitution of 1992 with Amendments through 2013”).

Article 3 of Senegal’s Constitution grants Senegalese citizens over the age of 18 the right to direct and indirect suffrage by equal and secret ballot. Articles 26 and 59 state that the President and the representative assembly are elected via universal suffrage. (Constitute Project, “ Senegal’s Constitution of 1992 with Amendments through 2013”).

Under article 52 of Serbia’s Constitution all individuals of the proper age (18 years old) and working status are entitled to universal, free, and direct voting by secret ballot. (Constitute Project, “Serbia’s Constitution of 2006”).

Under article 24 of the Constitution of Seychelles all citizens over the age of 18 have the right to be registered as a voter as well as to participate in public affairs and run for office. Both the President and members of the National Assembly are elected into office. (Constitute Project, “Seychelles’s Constitution of 1993 with Amendments through 2017”).

According to article 31 of Sierra Leone’s Constitution, citizens over the age of 18 with a sound mind of the right to register to vote. Article 42 states that the President of Sierra Leone is voted on by these electors. (Constitute Project, “Sierra Leone’s Constitution of 1991, reinstated in 1996 with Amendments through 2013”).

According to the Constitution of Singapore, citizens vote in two types of elections, parliamentary and presidential. Citizens of Singapore can vote once they are 21 years of age. (Constitute Project, “Singapore’s Constitution of 1963 with Amendments through 2016”).

Article 30 of Slovakia’s Constitution states that the right to vote granted to Slovakian citizens is universal, equal and direct. Additionally, it states that citizens have the right to vote for their national representatives and in municipal elections. The voting age in Slovakia is 18 years old. (Constitute Project, “Slovakia’s Constitution of 1992 with Amendments through 2017”).

Under Article 43, all citizens over the age of 18 can vote in the universal and equal elections. Additionally, in some cases, aliens of Slovenia may vote as determined by the law. Article 80 states that the members of the National Assembly are elected via these universal and equal elections. (Constitute Project, “Slovenia’s Constitution of 1991 with Amendments through 2016”).

The Preamble to the Constitution of the Solomon Islands states that their government is based on the principles of universal suffrage. Article 56 explands on this notion, stating that citizens must be registered to vote. The voting age is 18 years old. (Constitute Project, “Solomon Islands’s Constitution of 1978 with Amendments through 2018”).

Under article 141 of Somalia’s Constitution eligible voters have the right to vote in referendums and by secret ballot in elections. The voting age in Somalia is 18 years old. (Constitute Project, “ Somalia’s Constitution of 2012”).

Articles 1 and 19 of South Africa’s Constitution make note of adult citizens’ right to universal, equal, and fair elections as well as to run for political office. Article 47 states that these adult citizens have the right to elect the members of the National Assembly.(Constitute Project, “South Africa’s Constitution of 1996 with Amendments through 2012”).

According to Article 24 of South Korea’s Constitution, all citizens (over the age of 19) are allowed to vote in elections. Article 67 states that the President of South Korea should be elected based on the principles of universal and direct suffrage. (Constitute Project, “South Korea’s Constitution of 1948 with Amendments through 1987”).

Article 56 of South Sudan’s Constitution states that members of the National Legislative Assembly are voted into office based on the principles of universal and fair suffrage by adult citizens of the nation, age 17 and older. (Constitute Project, “South Sudan’s Constitution of 2011 with Amendments through 2013”).

Under article 23 of Spain’s Constitution adult citizens (over the age of 18) have the right to participate in public affairs and elect their representatives through universal and free elections. (Constitute Project, “ Spain’s Constitution of 1978 with Amendments through 2011”).

Under Article 88 of Sri Lanka’s Constitution, all adult citizens have the right to elect the President and Members of the Parliament, as well as vote on a referendum, as long as they are registered to vote and are over the age of 18. (Constitute Project, “Sri Lanka’s Constitution of 1978 with Amendments through 2015”).

Sudan’s Constitution grants citizens the right to vote for the President as well as members of the National Legislature. Citizens of Sudan can vote in these elections once they are 17 years old. (Constitute Project, “Sudan’s Constitution of 2019”).

Article 54 of Suriname’s Constitution gives adult citizens over the age of 18 the right to vote as long as they are registered voters. Articles 57 and 58 states that citizens have the right to vote for the members of the National Assembly barring their right to vote has not been revoked by the courts (Constitute Project, “Suriname’s Constitution of 1987 with Amendments through 1992”).

The Preamble of Sweden’s Constitution notes that their democracy is founded upon the principles of universal suffrage. Article 4 expands on this notion stating that all citizens (at home or abroad) over the age of 18 can vote for the members of the Riksdag. (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012”).

Article 136 of the Swiss Constitution lays out the political right for Swiss citizens, stating that all Swiss citizens over the age of 18 (unless they are mentally incapable of doing so) may vote in their free elections. The Swiss legislature can create mandatory and optional referendums. (Constitute Project, “Switzerland’s Constitution of 1999 with Amendments through 2014”).

Under Article 59 of Syria’s Constitution all citizens over the age of 18 and meet the proper “conditions” have the right to vote in elections. Article 57 states that the members of the People’s Assembly are elected by these voters.(Constitute Project, “Syria’s Constitution of 2012”).

Under Articles 49 and 65, members of the Majlisi Namoyandagon and the President of Tajikistan are elected in universal and free elections by secret ballot. Citizens in Tajikistan can vote if they are over the age of 18. (Constitute Project, “Tajikistan’s Constitution of 1994 with Amendments through 2016”).

Article 5 in Tanzania’s Constitution grants all citizens over the age of 18 the right to vote in any election. Members of Parliament and the President are elected by the people. (Constitute Project, “Tanzania’s Constitution of 1977 with Amendments through 2005”).

Article 95 of the Thai Constitution grants Thai citizens of 5 years or more that are registered and are at least 18 years old the right to vote. Article 85 states that members of the House of Representatives of Thailand are elected via direct suffrage by secret ballot. (Constitute Project, “Thailand’s Constitution of 2017”).

Under article 5 of the Constitution of Togo grants all citizens over the age of 18 the right to universal, equal, and secret suffrage. Articles 52, 59, and 141 state that the Deputies, President, and territorial collectivities are voted into office based on the principles of universal suffrage. (Constitute Project, “Togo’s Constitution of 1992 with Amendments through 2007”).

Tongan citizens over the age of 21 who are not nobles, insane or disabled by the definitions of the 23rd Article can vote for representatives, according to Article 64. Citizens living abroad may also vote as long as they are registered. (Constitute Project, “Tonga’s Constitution of 1875 with Amendments through 2013”).

Under Article 51, citizens 18 years or older and that have proper residence may vote and run for office. Eligible voters elect the members of the legislature and the President. (Constitute Project, “Trinidad and Tobago’s Constitution of 1976 with Amendments through 2007”).

Under Article 54, Tunisian citizens are eligible voters if they are at least 18 years old. Article 55 states that these voters elect the members of the Assembly of the Representatives of the People via principles of universal, free, direct, and secret suffrage. (Constitute Project, “Tunisia’s Constitution of 2014”).

Article 67 of Turkey’s Constitution gives its citizens (18 years old or older) the right to vote, run for office, and engage in political activity. Some members of the Armed Forces and individuals convicted of crimes cannot vote. Articles 75 and 101 grant voters the right to elect the members of the Grand National Assembly and the President via universal suffrage. (Constitute Project, “Turkey’s Constitution of 1982 with Amendments through 2017”).

Under Article 119, citizens of Turkmenistan who are at least 18 years old can vote for the President of Turkmenistan, the deputies of the Mejlis, and members of the People’s Council. (Constitute Project, “Turkmenistan’s Constitution of 2008 with Amendments through 2016”).

Article 87 of the Tuvalu Constitution states that the members of Parliament are voted into office by voting age (18 years old) adults based on the principles of universal suffrage. (Constitute Project, “Tuvalu’s Constitution of 1986 with Amendments through 2010”).

Articles 78 and 103 grant citizens of Uganda the right to vote for representatives and the President through processes of universal suffrage by secret ballot. The voting age in Uganda is 18 years old. (Constitute Project, “Uganda’s Constitution of 1995 with Amendments through 2017”).

Articles 70 and 71 of Ukraine’s Constitution lay out the rights of voters. Ukrainian citizens age 18 or older who are not deemed incompetent can vote in local and national elections based on the principles of universal suffrage. (Constitute Project, “Ukraine’s Constitution of 1996 with Amendments through 2016”).

Under article 46 of section 1, The Supreme Council of the Union, each Emirate shall have a single vote in the deliberations of the council. According to article 49 decisions of the council and procedural matters shall be taken by majority vote. Article 61 states that the decisions are secret and in an evenly divided vote the Chairman’s vote shall prevail. There are no political parties and, until the beginning of the 21st century, no elections were held. Now, an electoral college meets every four years to select half of the members of the advisory Federal National Council, the other half is designated by appointment. (Constitute Project, “United Arab Emirates's Constitution of 1971 with Amendments through 2004”)

The Reform Act of 1832 was the first piece of legislation to expand voting rights in the United Kingdom. It established that men above the age of 21 who were freeholders of property could vote. Universal suffrage was established with the Representation of the People Act 1969, which extended the right to vote to all persons of age (Anglotopia, "The History of Voting Rights in the United Kingdom")

U.S. election laws first were seen in Article 1 of the Constitution, which gave states the responsibility to oversee federal elections. Since then, many Constitutional amendments and federal laws have been put in place to protect voting rights such as the Fifteenth, Nineteenth, and Twenty-sixth Amendment (USA Gov, "Voting and Elections").

Chapter 2 article 77 of the 1966 Constitution of Uruguay states that since every citizen is a member of the sovereignty of the nation, they are eligible to vote and participate in the electoral process (Constitute Project, "Uruguay's Constitution of 1966, Reinstated in 1985, with Amendments through 2004").

The law on Election of Citizens' Suffrage in 1994 granted Citizens of the Republic of Uzbekistan the right to take part in public and state affairs both as directly and through their representatives (Legislaionline, "Law on Election of Citizens' Suffrage").

The 1980 Constitution under Chapter 1, National Sovereignty, The Electoral Franchise and Political Parties, entitles every citizen of age thee right to vote (Constitute Project, "Vanuatu's Constitution of 1980 with Amendments through 2013").

Under the 1999 Constitution of Venezuela, Article 64, all Venezuelans over the age of 18 have the right to vote (Constitute Project, Venezuela's Constitution of 1999 with Amendments through 2009).

According to Chapter I, Political System, Article 7 of the Vietnmaese Constitution the elections are held in accordance with the principles of universal, equal, direct and secret suffrage. Under Chapter II, Human Rights and Citizen’s Fundamental Rights and Duties, Article 27 citizens of the age of 18 have the right to vote (Constitute Project, “Vietnam’s Constitution of 1992 with Amendments through 2013”).

Under Part Three, Organization of the State Authorities, Chapter 1, Article 63 of the Yemeni Constitution, The members of the House of Representatives shall be elected in a secret free and equal vote directly by the people (Constitute Project, “Yemen's Constitution of 1991 with Amendments through 2001”).

Article 66 of the 1964 Constitution of Zambia states: "Every citizen of Zambia who has attained the age of eighteen years shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections to the National Assembly, be entitled to be registered as such a voter under a law in that behalf, and no other person may be so registered."

Article 75, clause 1 of the 1991 Constitution grants every citizen of Zambia who has attained the age of eighteen years is entitled to be registered as a voter (Election Access, "Zambia").

https://www.worldstatesmen.org/Constitution-Zambia1964.pdf

According to ZImbabwe’s Constitution, Chapter 7, Elections, Part one, Electoral Systems and Processes, Number 155, Principles of the Electoral System, elections must be held regularly and referendums to which the Constitution applies must be peaceful, free, conducted by a secret ballot and based on universal suffrage and equality (Constitute Project, “Zimbabwe's Constitution of 2013”).

Article 31 of the 1964 Afghanistan Constitution states that “every Afghan shall have the right to express thoughts through speech, writing, illustrations as well as other means in accordance with provisions of this constitution” (University of Nebraska, “Constitution of Afghanistan,” 1964). Every Afghan shall have the right, according to provisions of law, to print and publish on subjects without prior submission to state authorities. Directives related to the press, radio and television as well as publications and other mass media shall be regulated by law.” This clause is now located in Article 34 of the 2004 Afghanistan Constitution (Constitute Project, “Afghanistan’s Constitution of 2004”).

References:

1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish

2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en

According to Article 197 of the 1928 Fundamental Statute of the Kingdom of Albania: "Freedom of speech and of the press is guaranteed, and a censorship may not be instituted, except in case of war mobilisation or other extraordinary event defined by the law. The regulation of the press, the confiscation of press matter and the prosecution of the press are determined by law."

Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (“The Albanian Constitution of 1976).

Today, Part 2, Article 22 of the 1998 Albanian Constitution recognizes freedom of the press, radio, and television as part of its list of “Fundamental Human Rights and Freedoms”. Article 22 also states that “Prior censorship of means of communication is prohibited” (Constitute Project, Albania's Constitution of 1998 with Amendments through 2012”).

References:

1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html

Albania Constitution (1976): https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf

Albania Constitution (1998): https://www.constituteproject.org/constitution/Albania_2016?lang=en.

Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1963).

Today, Article 54 of the Algerian Constitution protects freedom of the press, stating that “freedom of the press, be it written, audiovisual, or on media networks, shall be guaranteed equally for all public and private media outlets. It shall not be restricted by any form of prior censorship” (Constitute Project, “Algeria 2020”).

References:

“The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450.

“Algeria 2020 Constitution.” Constitute. Accessed September 14, 2022. https://www.constituteproject.org/constitution/Algeria_2020?lang=en.

Article 12 of the 1993 Andorran Constitution states that Freedoms of expression, of communication and of information are guaranteed. The law shall regulate the right of reply, the right of correction and professional secrecy” (Constitute Project, “Andorra’s 1993 Constitution”).

https://www.constituteproject.org/constitution/Andorra_1993?lang=en.

Article 35 of the 1992 Constitution marked Angola’s first explicit legal mention of freedom of the press: “Freedom of the press shall be guaranteed and may not be subject to any censorship, especially political, ideological or artistic. The manner of the exercise of freedom of the press and adequate provisions to prevent and punish any abuse thereof shall be regulated by law” (“Constitutional Law of the Republic of Angola 1992”).

Today, Article 44 of the 2010 Angolan Constitution maintains that “freedom of the press shall be guaranteed, and may not be subject to prior censorship, namely of a political, ideological or artistic nature” (Constitute Project, “Angola’s 2010 Constitution”).

References:

1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf

2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010

Schedule 1, Chapter II of Antigua and Barbuda’s Constitution titled “Protection of Fundamental Rights and Freedoms of the Individual” explicitly protects freedom of the press (Political Database of the Americas, “The Antigua and Barbuda Constitutional Order 1981”).

References:

“Republic of Antigua and Barbuda / República Del Antigua y Barbuda Constitution of 1981 Constituciones De 1981.” Antigua and Barbuda: Constitution, 1981: https://pdba.georgetown.edu/Constitutions/Antigua/antigua-barbuda.html.

According to Article 161 of the 1826 Argentina Constitution, "The liberty of publishing his ideas through the medium of the Press, which is a right as valuable to Man, as it is essential to the preservation of civil liberty, shall be fully guaranteed by the Laws"

Article 32 of the 1853 Argentinian Constitution states that “the Federal Congress shall not enact laws that restrict the freedom of the press or that establish federal jurisdiction over it” (Constitute Project, “Argentina's Constitution of 1853, Reinstated in 1983, with Amendments through 1994”).

References:

Constitution of the Argentine Republic, 1826, English translation of the original Constitution of 1826. 956 (2010) Section VIII: General Regulations: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzar0004&id=15&collection=cow&index=

“Argentina 1853 (Reinst. 1983, Rev. 1994) Constitution.” Constitute: https://www.constituteproject.org/constitution/Argentina_1994?lang=en