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Afghanisthan 2004

Article 2 - The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of
other faiths shall be free within the bounds of law in the exercise and performance of their religious
rituals.

Article 3 - No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan

Article 45 - The state shall devise and implement a unified educational curricula based on the tenets of
the sacred religion of Islam, national culture as well as academic principles, and develop religious
subjects curricula for schools on the basis of existing Islamic sects in Afghanistan.

Article 54 - Family is the fundamental pillar of the society, and shall be protected by the state. The state
shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the
child and mother, upbringing of children, as well as the elimination of related traditions contrary to the
principles of the sacred religion of Islam.

Bahrain 2002

Article 2 -The religion of the State is Islam. The Islamic Shari’a is a principal source for legislation. The
official language is Arabic.

Article 5 (a) - The family is the basis of society, deriving its strength from religion, morality and love of
the homeland....

Article 18 - People are equal in human dignity, and citizens are equal before the law in public rights and
duties. There shall be no discrimination among them on the basis of sex, origin, language, religion or
creed

Article 22 - 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.

Bhutan 2008

Schedule 1 - The National Flag

The upper yellow half that touches the base symbolizes the secular tradition. It personifies His Majesty
the King, whose noble actions enhance the Kingdom. Hence, it symbolizes that His Majesty is the
upholder of the spiritual and secular foundations of the Kingdom. The lower orange half that extends to
the top symbolizes the spiritual tradition. It also symbolizes the flourishing of the Buddhist teachings in
general and that of the Kagyu and Nyingma traditions in particular. The dragon that fully presses down
the fimbriation symbolizes the name of the Kingdom, which is endowed with the spiritual and secular
traditions.....

The National Emblem


... There are four other jewels inside the circle where the two vajras intersect. They symbolize the
spiritual and secular traditions of the Kingdom based on the four spiritual undertakings of Vajrayana
Buddhism...

Schedule 2 – The National Anthem

... The Protector who reigns over the realm of spiritual and secular traditions...

Article 3 – Spiritual Heritage

1. Buddhism is the spiritual heritage of Bhutan, which promotes the principles and values of peace, non-
violence, compassion and tolerance. 2. The Druk Gyalpo is the protector of all religions in Bhutan. 3. It
shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of
the country while also ensuring that religion remains separate from politics in Bhutan. Religious
institutions and personalities shall remain above politics.

Article 7 (4) – Fundamental Rights - 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.

7 (15) - All persons are equal before the law and are entitled to equal and effective protection of the law
and shall not be discriminated against on the grounds of race, sex, language, religion, politics or other
status.

Bolivia 2009

Article 4 - The State respects and guarantees freedom of religion and spiritual beliefs, according to their
view of the world. The State is independent of religion.

Article 14 (II) - The State prohibits and punishes all forms of discrimination based on sex, color, age,
sexual orientation, gender identity, origin, culture, nationality, citizenship, language, religious belief,
ideology, political affiliation or philosophy, civil status, economic or social condition, type of occupation,
level of education, disability, pregnancy, and any other discrimination that attempts to or results in the
annulment of or harm to the equal recognition, enjoyment or exercise of the rights of all people.

Article 21 - Bolivians have the following rights: 3. To freedom of belief, spirituality, religion and cult,
expressed individually or collectively, in public and in private, for legal purposes.

Article 30 (II) - In the framework of the unity of the State, and in accordance with this Constitution, the
nations and rural native indigenous peoples enjoy the following rights:   1. To be free.   2. To their
cultural identity, religious belief, spiritualities, practices and customs, and their own world view.

Article 86 - Freedom of thought, faith and religious education, as well as the spirituality of the nations
and the rural native indigenous peoples, shall be recognized and guaranteed in the educational centers.
Mutual respect and coexistence among persons of diverse religions shall be promoted, without
dogmatic imposition. There shall be no discrimination on the basis of religious choice with respect to the
acceptance and permanence of students in these centers.

Article 104 - Everyone has the right to sports, physical culture and recreation. The State guarantees
access to sports without distinction as to gender, language, religion, political orientation, territorial
location, social, cultural membership or any other characteristic.

DRC 2005

Article 1 - The Democratic Republic of the Congo is, within its frontiers of 30 June 1960, a State of Law,
independent, sovereign, united and indivisible, social, democratic and secular.

Article 13- No Congolese person may, in matters of education or of access to public functions or any
other matter, be subject to a discriminatory measure, that results from the law or from an act of the
executive, for reason of his religion, of his family origin, of his social condition, of his residence, of his
opinion or political convictions, or his belonging to a certain race, to an ethnicity, to a tribe, [or] to a
cultural or linguistic minority.

Article 22 - All persons have the right to freedom of thought, of conscience and of religion. All persons
have the right to manifest their religion or their convictions, alone or as a group, both in public and in
private, by worship, teaching, practices, the accomplishment of rites and the state of religious life, under
reserve of respect for the law, for public order, for morality and for the rights of others. The law
establishes the modalities for the exercise of these freedoms.

Article 45 - ... All persons have access to establishments of national education, without discrimination of
place of origin, of race, of religion, of sex, of political or philosophical opinions, of their physical, mental
or sensorial state in accordance with their capacities. The national education establishments shall
assure, in cooperation with the religious authorities, to their minor pupils[,] and having parents
demanding it[,] an education conforming to their religious convictions....

Article 61 - In no case, even when the state of siege or the state of urgency has been proclaimed in
accordance with Articles 85 and 86 of this Constitution, can there be derogation of the rights and
fundamental principles enumerated as follows: 7. the freedom of thought, of conscience and of religion

Dominican Republic 2015

Article 39 - All people are born free and equal before the law, receive the same protection and
treatment from institutions, authorities, and other people and enjoy the same rights liberties and
opportunities, without any discrimination for reasons of gender, color, age, disability, nationality, family
ties, language, religions, political or philosophical opinion, social or personal condition.

Article 45 - The State guarantees the freedom of conscience and religion, subject to the public order
and respect to good customs.
Article 263 (State of Defense) - In this state the following may not be suspended: 3. Liberty of
conscience and religions, following the provisions of Article 45.

East Timor 2002

Preamble - ... Solemnly reaffirm their determination to fight all forms of tyranny, oppression, social,
cultural or religious domination and segregation, to defend national independence, to respect and
guarantee human rights and the fundamental rights of the citizen, to ensure the principle of the
separation of powers in the organization of the State, and to establish the essential rules of multi-party
democracy, with a view to building a just and prosperous nation and developing a society of solidarity
and fraternity....

Article 12 - 1. The State recognizes and respects the different religious denominations, that are free in
their organization and in the exercise of their own activities, with due observance of the Constitution
and the law. 2. The State promotes the cooperation with the different religious denominations that
contribute to the well-being of the people of East Timor.

Article 16 (2) - No one may be discriminated against on grounds of color, race, marital status, gender,
ethnic origin, social or economic status, political or ideological convictions, religion, education or
physical or mental condition.

Article 25 (5) - In no case shall a declaration of a state of siege affect the right to life, physical integrity,
citizenship, non-retroactivity of the criminal law, defense in a criminal case and freedom of conscience
and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected
to cruel, inhuman or degrading treatment or punishment, and the guarantee of non-discrimination.

Article 38 (3) - The processing of personal data on private life, political and philosophical convictions,
religious faith, party or trade union membership and ethnical origin, without the consent of the
interested person, is prohibited.

Article 45 - 1. To all is guaranteed the freedom of conscience, religion and worship and the religious
denominations that are separated from the State.

2. No one can be persecuted or discriminated against on the basis of their religious convictions.

3. The right to be a conscientious objector is guaranteed in accordance with the law.

4. The freedom to teach any religion in the framework of the respective religious denomination is
guaranteed.

Article 50 (Right to Work) – (3) - Dismissal without just cause or on political, religious and ideological
grounds is prohibited.

Ecuador 2015
Article 1 - Ecuador is a constitutional State of rights and justice, a social, democratic, sovereign,
independent, unitary, intercultural, multinational and secular State. It is organized as a republic and is
governed using a decentralized approach.

Article 3 – The State’s prime duties are: 4. Guaranteeing secular ethics as the basis for public service and
the legal regulatory system.

Article 28 - Public education shall be universal and secular at all levels and shall be free of charge up to
and including the third level of higher education [post-secondary undergraduate schooling].

Article 11 (2) - No one shall be discriminated against for reasons of ethnic belonging, place of birth, age,
sex, gender identity, cultural identity, civil status, language, religion, ideology, political affiliation, legal
record, socio-economic condition, migratory status, sexual orientation, health status, HIV carrier,
disability, physical difference or any other distinguishing feature, whether personal or collective,
temporary or permanent, which might be aimed at or result in the diminishment or annulment of
recognition, enjoyment or exercise of rights. All forms of discrimination are punishable by law.

Article 66 Rights to Freedom – (8)- The right to practice, keep, change, profess in public or private one's
religion or beliefs and to disseminate them individually or collectively, with the constraints imposed
by respect for the rights of others. 

The State shall protect voluntary religious practice, as well the expression of those who profess no
religion whatsoever, and shall favor an environment of plurality and tolerance.

(11) - The right to confidentiality about one's convictions. No one can be obliged to make statements
about these convictions. In no case shall it be possible to require or use, without the authorization of the
holder or his/her legitimate representatives, personal or third-party information about one's religious
beliefs, political affiliation or thinking, or data about one's health or sexual life, unless required for
medical care.

Article 174 - Judges cannot hold any executive office in political parties and movements or participate as
candidates in elections by universal suffrage or carry out activities of political or religious solicitation.

Article 345 - Education as a public service shall be provided by means of public, mixed public and
religious, and private school institutions.

Article 348 - ... The State shall fund special education and shall be able to financially support mixed
public and religious education, arts and crafts, and community education, as long as they abide by the
principles of an education that is free of charge, mandatory and ensuring equality of opportunities, are
held accountable for the results of education and the management of public resources, and are duly
qualified in accordance with the law. Educational institutions that receive public funding shall be non-
profit entities....

Iraq 2005
Article 2 – First

Islam is the official religion of the State and is a foundation source of legislation:   A. No law may be
enacted that contradicts the established provisions of Islam

Second

This 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.

Article 3 - Iraq is a country of multiple nationalities, religions, and sects. It is a founding and active
member in the Arab League and is committed to its charter, and it is part of the Islamic world.

Article 14 - Iraqis are equal before the law without discrimination based on gender, race, ethnicity,
nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

Article 29 First - A. The family is the foundation of society; the State shall preserve it and its religious,
moral, and national values.

Article 27 Second - The State shall guarantee protection of the individual from intellectual, political
and religious coercion.

Article 41 - Iraqis are free in their commitment to their personal status according to their religions,
sects, beliefs, or choices, and this shall be regulated by law.

Article 43 - First

The followers of all religions and sects are free in the:   A. Practice of religious rites, including the
Husseini rituals.   B. Management of religious endowments (waqf), their affairs, and their religious
institutions, and this shall be regulated by law.

Second

The State shall guarantee freedom of worship and the protection of places of worship.

Article 45 Second - The State shall seek the advancement of the Iraqi clans and tribes, shall attend to
their affairs in a manner that is consistent with religion and the law, and shall uphold their noble human
values in a way that contributes to the development of society. The State shall prohibit the tribal
traditions that are in contradiction with human rights.

Kenya 2010

Preamble - ... PROUD of our ethnic, cultural and religious diversity, and determined to live in peace and
unity as one indivisible sovereign nation:...

Article 8 - There shall be no State religion.


Article 27 (4) - The State shall not discriminate directly or indirectly against any person on any ground,
including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability,
religion, conscience, belief, culture, dress, language or birth.

Article 32 - 1. Every person has the right to freedom of conscience, religion, thought, belief and
opinion.

2. Every person has the right, either individually or in community with others, in public or in private,
to manifest any religion or belief through worship, practice, teaching or observance, including
observance of a day of worship. 3. A person may not be denied access to any institution, employment
or facility, or the enjoyment of any right, because of the person's belief or religion.

4. A person shall not be compelled to act, or engage in any act, that is contrary to the person's belief
or religion.

Article 45 (4) - Parliament shall enact legislation that recognises   a. marriages concluded under any
tradition, or system of religious, personal or family law; and   b. any system of personal and family law
under any tradition, or adhered to by persons professing a particular religion,

Article 91 (2) - A political party shall not: a. be founded on a religious, linguistic, racial, ethnic, gender or
regional basis or seek to engage in advocacy of hatred on any such basis;

Article 170 (5) - The jurisdiction of a Kadhis' court shall be limited to the determination of questions of
Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the
parties profess the Muslim religion and submit to the jurisdiction of the Kadhi's courts.

Based on the above provisions, only three (Bhutan, Congo and Ecuador) have by
name mentioned ‘Secular’. Kenya has declared that it has no State Religion.
Almost all constitutions have recognised the right to freedom of religion. In
certain cases, the right to follow own personal laws have also been provided.
Given so, the analogy would better fit into the non-western version of
Secularism where it would mean respect to all religion rather than the diversion
of religion from politics/state. The latter would match only to a minimum.
Moresoever, the western secularism if understood properly would mean the
diversion of religion from authorities and people ruling the State and not State
per se.

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