Public affairs and religious liberty director at Atlantic Caribbean Union of Seventh-day Adventists Henry Moncus (left) and Dr Nelu Burcea, associate public affairs and religious liberty director of Seventh-day Adventist World Church, in discussion during the Religious Liberty Summit on Thursday. (Photo:Garfield Robinson)
February 1, 2025
Government committed to upholding religious liberty, says Malahoo Forte
MINISTER of Legal and Constitutional Affairs Marlene Malahoo Forte has reiterated the constitutional safeguards for religious freedom, emphasising that, “if the State enacts a general law within its power to advance secular goals, the statute remains valid despite any indirect burden on religious observance”.
In a virtual presentation to the Religious Liberty Summit hosted by Jamaica Union Conference of Seventh-day Adventists in collaboration with National Religious Liberty Association on Thursday, Malahoo Forte addressed concerns regarding government-imposed limitations on religious gatherings during the height of the COVID-19 pandemic in 2020.
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An attendee questioned whether such restrictions constituted a violation of Section 17 of the constitution, which guarantees the right to freedom of religion.
In her response, Malahoo Forte referenced a 2024 ruling by the Supreme Court which examined whether pandemic-related restrictions under the Disaster Risk Management Act infringed upon the claimant’s constitutional rights.
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“In making its ruling the court first addressed the need to define religion,” the minister explained.
She noted that the court relied on Article 9 of the European Convention, which states that: “Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change [their] religion or belief and freedom, either alone or in community with others, in public or private, to manifest [their] religion or belief in worship, teaching, practice, and observance”.
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The minister further noted that the Supreme Court ruled that the freedom to manifest one’s religion is subject to reasonable legal limitations — particularly, when necessary, in a democratic society for reasons relating to public safety, order, health, or morals, or to protect the rights and freedoms of others.
“Ultimately, the court found that the evidence presented failed to establish that the claimant’s right to freedom of religion was violated by the restrictions imposed by the State,” underscored Malahoo Forte.
The Religious Liberty Summit, which was held under the theme ‘Fostering Unity: Respecting Beliefs’ sought to underscore the fundamental importance of religious liberty in a diverse society.
Malahoo Forte outlined that the Charter of Fundamental Rights and Freedoms explicitly protects the right to freedom of religion, distinct from the broader rights to freedom of thought, conscience, and belief.
“Section 17 of the charter states that every person has the right to freedom of religion, including the freedom to change their religion and to manifest and propagate their beliefs in worship, teaching, practice, and observance, whether individually or in community with others, in public or private,” Malahoo Forte pointed out.
She noted that Section 13(3)(i) of the charter guarantees freedom from discrimination on the basis of religion, reinforcing Jamaica’s commitment to protecting religious diversity and tolerance.
Malahoo Forte added that, “Unlike some jurisdictions where freedom of religion is encapsulated within a broader right to freedom of conscience, Jamaica’s 2011 charter distinctly enshrines the right to freedom of religion as a stand-alone provision”.
She reaffirmed the Government’s commitment to upholding religious liberty, ensuring that constitutional protections remain robust, relevant, and reflective of Jamaica’s democratic principles.
