The Rev. Dr. Al Miller (partly hidden), pastor of Fellowship Tabernacle church, confers with Shirley Richards, president of the Lawyers' Christian Fellowship (LCF). Church leaders and the LCF joined forces last Thursday and urged a Joint Select Committee of Parliament, which is examining details for a new Constitution, to allow them to make a presentation on the proposed Charter. The committee will hear from the group on Thursday, March 2. - RUDOLPH BROWN/CHIEF PHOTOGRAPHER
THE LAWYERS Christian Fellowship and the newly formed National Church Alliance last week joined forces to raise concerns about the present form of the proposed Charter of Rights which is slated for inclusion in the new look Jamaican Constitution.
The groups are concerned about the implications for freedom of conscience and the inclusion of a privacy clause in the charter. Specifically, the groups are concerned that the charter in its present form could allow for same-sex marriages to become a reality in Jamaica. Also, the groups hold the view that certain religious liberties could be at risk if the charter is passed by Parliament in its present form.
Below are sections of the charter and constitution that have fueled the present debate.
The proposed Charter of Rights
SECTION 13 (3)
b) The right to freedom of thought, conscience, belief and observance of religious and political doctrines.
c) The right to freedom of expression.
d) The right to seek, receive, distribute or disseminate information, opinions and ideas through any media.
j) The right to protection from search of the person, respect for private and family life, privacy of the home and other property and communication.
The existing Constitution of Jamaica
SECTION 21
1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
2) Except with his own consent (or, if he is a minor, the consent of his parent or guardian), no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion or a religious body or denomination other than his own.
3) The constitution of a religious body or denomination shall not be altered except with the consent of the governing authority of that body or denomination.
4) No religious body or denomination shall be prevented from providing religious instruction for persons of that body or denomination in the course of any education provided by that body or denomination whether or not that body or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.
5) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.
6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-
a. in the interests of defence, public safety, public order, public morality or public health; or
b. for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion.
