25.7. Legislative Guarantee of Freedom of Conscience

In Independent Ukraine

The freedom of conscience is guaranteed by the Constitution of Ukraine - the nation's fundamental law. The Constitution was adopted and ratified in the 5th session of the Verkhovna Rada (Parliament) of Ukraine on 28 June, 1996.

According to Chapter II of the Constitution of Ukraine (“Human and Citizens' Rights, Freedoms and Duties”):

“All people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable” (Article 21);

“Citizens have equal constitutional rights and freedoms and are equal before the law. There shall be no privileges or restrictions based on race, color of skin, political, religious, and other beliefs, sex, ethnic and social origin, property status, place of residence, linguistic, or other characteristics” (Article 24);

“Everyone is guaranteed the right to freedom of thought and speech, and to the free expression of his or her views and beliefs” (Article 34);

“Everyone has the right to freedom of personal philosophy and religion. This right includes the freedom to profess or not to profess any religion, to perform alone or collectively and without constraint religious rites and ceremonial rituals, and to conduct religious activity. The exercise of this right may be restricted by law only in the interests of protecting public order, the health and morality of the population, or protecting the rights and freedoms of other persons. The Church and religious organizations in Ukraine are separated from the State, and the school - from the Church. No religion shall be recognized by the State as mandatory” (Article 35).

Some articles of the Constitution of Ukraine are based on the Universal declaration of human rights (UDHR) that included economic, social and cultural rights and also civil and political rights because it was based on the principle that the different rights could only successfully exist in combination of: “ The ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his social, economic and cultural rights ”.

This is held to be true because without civil and political rights the public cannot assert their economic, social and cultural rights. Similarly, without livelihoods and a working society, the public cannot assert or make use of civil or political rights (known as the full belly thesis).

The indivisibility and interdependence of all human rights that are written in the Constitution of Ukraine has been confirmed by the Vienna Declaration and Program of Action: “All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis”.

Basic concepts and categories

New religious movements are newly formed religious groups that form to protest elements of their parent religion. Their motivation tends to be situated in accusations of apostasy or heresy in the parent denomination; they are often decrying liberal trends in denominational development and advocating a return to true religion.

Freedom of conscience is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.

Tolerance is the ability to accept the existence of something while still disapproving of it.

Religious toleration is the condition of accepting or permitting others' religious beliefs and practices which disagree with one's own; the support for practices that prohibit religious discrimination;

Secularization is the transformation of a society from close identification with religious values and institutions toward non-religious (or "irreligious") values and secular institutions.

Secularism is the concept that government or other entities should exist separately from religion and religious beliefs.

Fundamentalism refers to a belief in a strict adherence to a set of basic principles (often religious in nature), sometimes as a reaction to perceived doctrinal compromises with modern social and political life.