As one of the necessary preconditions for democracy to prosper and benefit all society, freedom of thought, conscience and religion can hardly be overstated in importance. It enables citizens to be directed by their conscience and beliefs, to give expression to what matters most to them, and to associate with those of like mind.

Democracy does not itself guarantee the freedoms upon which it depends, but the ideals of democracy help define those freedoms, especially by confining the circumstances in which the freedoms may be restricted. The freedom is profoundly important to those with minority, or unpopular, beliefs. It must be secured in law, in terms that ensure it cannot be abridged except on defined grounds and subject to strict criteria of necessity and proportionality.

Although Australia has ratified the UN’s International Convention on Civil and Political Rights (ICCPR) and must implement laws to give effect to article 18 rights to freedom of thought, conscience and religion; it has not done so. A patchwork of laws at federal, state and territory level offers only incomplete protection, and this is increasingly susceptible to encroachment by legislation restricting the freedom without proper regard for the terms of article 18.

This paper explores some of the compelling reasons for guaranteeing freedom of thought, conscience and religion, alongside the companion freedoms that support it, within a broad scheme of rights for everyone. It assesses Australia’s track record in meeting its obligations to guarantee that freedom and concludes that Australia trails behind much of the rest of the world.