Judgment No. CCZ 7/16 21
Const. Application No. CCZ 17/15
“A necessary element of freedom and of dignity of any individual is an
‘entitlement to respect for the unique set of ends that the individual pursues’. One
of those ends is the voluntary religious and cultural practices in which we
participate. That we choose voluntarily rather than through a feeling of obligation
only enhances the significance of a practice to our autonomy, our identity and our
dignity.”
These sentiments against coercive conduct are also sagaciously captured
in the Big M Drug Mart case (supra) at 337A-D:
“Freedom in a broad sense embraces both the absence of coercion and constraint,
and the right to manifest beliefs and practices. Freedom means that, subject to
such limitations as are necessary to protect public safety, order, health or morals
or the fundamental rights and freedoms of others, no one is to be forced to act in a
way contrary to his beliefs or his conscience.
What may appear good and true to a majoritarian religious group, or to the state
acting at their behest, may not, for religious reasons, be imposed upon citizens
who take a contrary view. The Charter safeguards religious minorities from the
threat of ‘the tyranny of the majority’.”
To conclude on this aspect, there can be no doubt that the applicant’s
children are entitled to hold and practise their religious beliefs, whether within or without
their homes, and within the precincts of the School. It also cannot be doubted that the
applicants are entitled, in accordance with their own beliefs, to shape the moral and
religious upbringing of their children. The applicants aver that to compel their daughters
to attend chapel is contrary to their religious convictions because it entails the mixing of
religious practices and attending church services in a building strewn with religious
symbols. Therefore, their daughters do not wish to be present in the chapel.
Having regard to the authorities cited above, I take the view that the
School’s policy of compelling the applicants’ daughters to attend chapel services
Select target paragraph3
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