Experience in Ensuring Freedom of Belief and Religion in the Laws of Some Countries

(3) Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the rights and freedoms of others. (4) Parents or guardians, as the case may be, have the right to provide for the religious and moral education of their children, in accordance with their religion or belief [56].

- The African Charter on Human and Peoples' Rights, 1981, provides for freedom of conscience and freedom of religion, whereby everyone has the right to enjoy the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind, such as race, ethnic group, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (ACHPR, Article 2). Freedom of conscience, belief and practice of religion are guaranteed. No one may, in accordance with law and order, impose any restrictions on the exercise of these rights and freedoms. (ACHPR, Article 8)

- The Arab Charter on Human Rights 2004 (amended in 1994) stipulates in Article 30 that everyone has the right to freedom of thought, conscience and religion, subject to such limitations as are prescribed by law. Freedom to manifest, practice and manifest one's religion or belief, either alone or in community with others, subject to such limitations as are prescribed by law, is necessary in a tolerant society that respects human rights and freedoms to protect public safety, order, health or morals or the fundamental rights and freedoms of others. Parents and legal guardians have the right to ensure the religious and moral education of children [57].

Thus, freedom of belief and religion is not only a national or regional issue but also a global issue, of concern to the whole world. Although in terms of law, the support for freedom of belief and religion was not initially a collective initiative of the international community but originated from countries, it has now become a global legal principle with universal humanistic value.

1.2.3. Experience in ensuring freedom of belief and religion in the laws of some countries

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Religious freedom, the right of an individual to profess a religion of his or her choice, is one of the most violated rights in the world, and can occur in any country. Conflicts between religious believers and restrictions on the State's rights in handling religious-related cases occur everywhere, at all times, and documents guaranteeing freedom of worship are sometimes just a facade.

There are currently two opposing views. The first view of Europe and America protects the rights of each individual, not defending any particular religion. The second view of the Islamic Organization is relative: basic human rights must be adapted to national circumstances, especially according to Islamic law, as expressed in the Arab Declaration of Human Rights voted in 2004, so these countries apply religious freedom according to sharia law (Islamic law) such as Saudi Arabia, Pakistan, Indonesia, Iran.

The following are the views of some countries in the world on freedom of belief and freedom of religion as experiences for Vietnam.

1.2.3.1. French Republic

The French Republic is a country with many beliefs and religions: Catholicism, Judaism, Islam, and a number of other types of beliefs and religions.

France is a country with a strong secular tradition, the secular principle was formed since the French Revolution in 1789. Before 1905, it can be said that religion was a part of the State, nurtured and publicly sponsored by the State. The French State paid salaries, subsidies for religion, paid for the cost of practicing religion, and there were public religious establishments owned by the State.

The Law on the Separation of State and Church (called the 1905 Law) affirmed that the Church was separated from the State and became an entity in society under the management of the State, religion was considered as other social organizations. Article 2 of this Law stipulates that the French Republic does not recognize, pay salaries and subsidies to any religion. Starting from January 1 after the promulgation of this law, the

abolish all budgets of the State, provinces and communes, and eliminate all expenses for religious practice. At the same time, Article 44 of this law abolishes all provisions on the organization of religions that the French Government previously recognized, replacing them with associations and religious practice associations.

Secularism in France is the principle of separation of political power from religious institutions. The state must be neutral and guarantee freedom of worship (but activities expressing religious beliefs must respect public order); freedom of perception and not imposing opinions on others (religion, atheism, agnosticism or freedom of thought).

With the 1958 French Constitution, secularism formed a republican covenant and ensured national unity. Article 1 of the Constitution of the French Republic adopted on October 4, 1958 affirmed: France guarantees that all citizens have equal rights before the law regardless of origin, ethnicity, or religion. All beliefs are respected [22].

- In the field of education: The establishment of secular public schools in the 19th century was an essential step of secularism in France, public schools are free and secular are a service that the French State provides to its citizens, regardless of their faith or belief, this principle guarantees access to education for all. It is possible to teach history and philosophy linked to religion, but it is not suitable for proselytizing or expressing a religion, or of any ideology.

In the 1990s, after several incidents (veils, hijabs, scarves, etc.), a debate arose in France on the issue of headscarves for Muslims in schools. Those who supported the wearing of veils through secularism invoked the freedom of perception and the principles of the Universal Declaration of Human Rights. This debate ended with the vote of law No. 2004-228 on March 15, 2004, which prohibited the wearing of visible religious symbols such as the Jewish cap for men, the Catholic cross, the hijab, and the veil for Muslim women in primary schools.

public secondary schools and included in the Education Code. This vote achieved a high percentage of 335/577 votes in favor in the French National Assembly.

Under the principle of neutrality of public education services, a corollary of the principle of secularism, public school staff and teachers are not allowed to manifest their religious beliefs while performing their duties. Parents, as users of public services, are free to wear what they wish on school premises (for example, when they come to pick up their children).

- Secular principles for women: Since 1944, French women have had the right to vote, which was previously opposed by progressives in the Senate who feared that women would be influenced by priests, paradoxically allied with conservative Catholic MPs. By 1999, the principle of equality was included in the Constitution, followed in 2000 by the Equality Act, which provided for equality between men and women in political positions.

- Regarding the expression of religious beliefs: In addition to the wearing of religious symbols, one can raise the issue of appropriate meals in school and hospital canteens, special holidays and the arrangement of working hours for religious ceremonies, the construction of places of worship and the arrangement of prayer spaces in workplaces or schools, temporary public places for women, public parades, and even the application of separate legal rules. The two principles that govern decisions in these cases are the absolute neutrality of public officials and the equal treatment of users of public services.

Unlike civil servants who are required to comply with the principle of neutrality in public services, users of public services are not subject to this obligation. They have the right to express their religious beliefs through the clothing or symbols they wear, even in public service establishments, as long as they ensure the proper functioning of these public services and do not disturb public order.

- Religious holidays: In France, traditionally, legal religious festivals and religious holidays are included in the school calendar. Civil servants can request leave on the occasion of their religious holidays. Leaders

The agency will consider whether the official's leave does not impede the agency's normal operations.

- Regarding land and places of worship: The French Republic in particular and capitalist states in general all regulate private ownership of land. Therefore, there is no separation between land ownership and ownership of houses and buildings built on it. Land and religious properties are subject to taxes like other entities, and are subject to the same tax rate as private taxes.

- Freedom of expression: In France, freedom of expression is subject to legal limits based on the protection of fundamental freedoms and the protection of the person. Within the secular framework of law, religious and anti-religious expression are equally acceptable, there is no crime of proselytizing, nor of blasphemy. However, such expressions only become condemnable when they call for religious hatred or defame religion. Excommunication, apostasy or heresy are not considered in French law, unless they are accompanied by an attack on a person or a disturbance of public order.

1.2.3.2. United States of America

The United States of America is a country with many religions: Catholicism, Protestantism, Orthodoxy, Judaism, Islam, Buddhism, of which Protestantism is the religion with the largest number of followers, with many different sects (Baptism, Taoism, Luther, Adventism, ...). Religious freedom in the United States includes two principled contents: the separation of the state from the church and the state ensuring freedom of religion. The status of religion in the spiritual life of the United States is of particular concern. Protestant churches and the Catholic Church of the United States are exerting great influence on religious organizations in developed and developing countries and world religious centers such as the World Council of Churches and the Vatican.

In 1784, the United States Constitution was ratified, Article VI, Section 3, which states: “The Senators and Representatives, the members of the several State Legislatures, and all executive officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution. But no condition of

“What religion shall be deemed compulsory as a qualification for appointment to any office or public office under the United States of America” [31].

In addition, the first amendment of the US Constitution states the issue of freedom of religion "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government for a redress of grievances" [30].

The United States does not have a separate religious law, the provisions in Article VI of the Constitution and the First Amendment of the Constitution have important significance in the decisions of the Federal Supreme Court on issues related to religion and the principles of judgment established by the Supreme Court. In cases related to religious issues, three principles are based on the secularity (intent) and impartial honesty (effectiveness) of the law, the third is that a law must not cause too much inconvenience (trouble), confusion for the relationship between the government and religion, sect or church. In addition, the Supreme Court also put forward two important principles of judgment to balance the measurement of the interests of the State and the freedom of religious belief: First, any religious act must not be contrary to public law, private laws for religion, sect or church will be contrary to the Constitution. Second, the government has the right to restrict religious activities, as long as the restriction is neutral and effective for everyone, not just for religious activities. The Supreme Court has held that these two principles are intended to protect the interests of the public, not to open the door for easy government interference in religious practice.

Research shows that the American secular model has the following characteristics: (1) implementing the principle of separation, the state does not interfere in the internal affairs of any religion, and no religion is allowed to participate openly or secretly in the work of the government; (2) The Federal State does not issue a separate law on religion, religions operate under the Civil Code, and religious organizations when registering for religious activities apply general regulations for other religions.

other social organizations and associations. There is no religious governing body (3) The United States is the leading country in collecting religious taxes, however in some cases there may be preferential treatment such as tax reduction or exemption for charitable activities.

The United States is the first country to declare the separation of Church from State, all religions are equal before the law. Religions are considered social organizations with rights and obligations like other social organizations. In form, only on the state side, in reality, the Church always plays an important role in the system of ideological institutions of this country, in political and social life, in the economy and especially in the field of education. Areas where the State and the Church combine: Marriage, divorce, birth control, child labor, social insurance, education, courts and prisons, religious liturgy in the armed forces, oath-taking ceremonies, laws on desecration of church relics, laws on Sunday observance, laws on observance of religious holidays, censorship, radio and television. That religiosity determines the position of people in American life. In the preamble of the Constitution of 42 states, God is mentioned. The presidential inauguration ceremony is accompanied by religious ceremonies. The President takes the oath, places his hand on the Bible, and religious dignitaries – Protestant pastors, Catholic bishops, and since 1957, Orthodox dignitaries – recite prayers to God to bless the President. The above examples show that the separation of Church and State in the United States is increasingly a formality and that the separation of Church and State does not lead to the removal of the Church from the apparatus of the ruling class. With such a position of religion, the United States always has a very different view on religious foreign affairs, always raising the issue of religion to an issue of international foreign relations and a common criterion for religious conduct, and taking advantage of this issue to intervene in the religious legal process of countries including Vietnam.

1.2.3.3. Some typical Muslim countries

In a country where Islam is the state religion and the Quran is the law, it is natural that this religion has a special position, its influence covering all aspects of social life and first of all the political field. In some places, the government

the right to openly restrict, restrain, and prohibit the development of other religions, and to apply discriminatory and even prejudiced regulations between religious communities.

* Saudi Arabia

Saudi Arabia is an absolute monarchy, the only country bearing the name of the Saud dynasty of King Abdullah bin Abdulaziz al-Saud. All political power is in the hands of the King and the Royal Family. Because it is an absolute monarchy, Saudi Arabia has no Constitution and no Parliament. The Quran is the Constitution of the State, and the Shari'a Law of Islam is the main law used to govern and manage the country.

Religion and politics are inseparable here. The state funds the construction of many mosques and religious schools. All laws must comply with the provisions of Islamic Law. Laws are formed by resolutions of the Council of Ministers but must be approved by royal decree and must be consistent with Islam and the Quran. Jurisdiction is exercised according to Islamic Law. Saudi Arabia maintains Islamic Law in the trial system of the courts, so the trial system is very harsh, accordingly maintaining the death penalty and corporal punishment such as amputation of hands or feet for robbery, flogging for “sexual perversion” or drunkenness. Flogging, depending on the crime, can range from a few dozen lashes to several thousand lashes, carried out from several weeks to several months.

Saudi Arabia has no freedom of religion, and anyone found guilty of insulting national doctrine is punished by the State or religious police. As one of the Muslim countries that limits religious freedom to the maximum extent, in Saudi Arabia, other religious communities are prohibited from practicing their faith in public, the activities of Christian churches are also outlawed, and Muslims who convert to another religion face the risk of the death penalty. The legal system of Saudi Arabia is based on strict Shariah law, and the Islamic police force in Saudi Arabia (Muttawa'in) regularly severely punishes the preaching and religious activities of other religions, as well as acts considered "incompatible with Islamic culture" in public [51].

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