Introduction

Religious symbols are representative of beliefs and faith. They can be found in the public square, private settings, and used individually by people. In this chapter, we will discuss religious symbols, which are part of religious freedom, and in some instances, these symbols have and may become controversial, particularly in the public square. 

Guiding Principles

Religious freedom is a universal right based on human dignity. Freedom of religion includes the right "individually and in community with others and in public or private, to manifest… religion or belief in worship, observance, practice and teaching." - The International Religious Liberty Association

There are several international instruments or texts that may be legally binding in nature for the signatory parties, or that in any case provide international coercion to the parties. The parties are often member-states of the international organization that brings them together for the creation of said instruments. For the purposes of religious symbols as part of religious freedom, it is appropriate to cite some of the main articles in key international texts that expressly mention these rights and freedoms. 

• 1981 Declaration of the General Assembly
  • Art. 6 (c): The right to freedom of thought, conscience, religion or belief includes the freedom, "To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;"
• Commission on Human Rights resolution 2005/40
  • 4 (b): The Commission on Human Rights urges States, "To exert the utmost efforts, in accordance with their national legislation and in conformity with international human rights law, to ensure that religious places, sites, shrines and religious expressions are fully respected and protected and to take additional measures in cases where they are vulnerable to desecration or destruction;"
• Human Rights Committee general comment 22
  • Paragraph 4: "The concept of worship extends to [...] the display of symbols".
  • Paragraph 4: "The observance and practice of religion or belief may include not only ceremonial acts but also such customs as [...] the wearing of distinctive clothing or head coverings [...]."

Topics

Religious Symbols

To start it is important to identify what religious symbols mean. First, the word symbol has its origins in the Greek word symbolom, which means token, a contract, or insignia. It is a form to prove identity or recognition. As described by Encyclopedia Britannica: “The symbol object, picture, sign, word, and gesture require the association of certain conscious ideas in order to fully express what is meant by them.” In this way, the “conscious ideas” associated to certain symbols can often take the form of teachings, principles, philosophies, doctrine, in other words, religion.

Religious symbols are often considered sacred, and therefore reverenced by those who self-identify with their meaning. And, to some degree respected by those who might not share the idea, philosophy, belief or religion the symbol represents. Ideally, religious symbols should be fully respected regardless if what they represent is shared or not.

As some societies have become less homogenous, however, some religious symbols, particularly those of personal use have become a cause of controversy – and have even become the central theme of legal disputes. These events have put in evidence several underlying premises, some perhaps more subjective than others. For example, the fact that people are naturally scared of the unknown or the less common into what has been their old normal surroundings.

Hence, lack of understanding beyond the old or common normal is one of the biggest challenges to try to overcome in building bridges of commonality and tolerance.

Religious Symbols in the Public Square

The degree of religious freedom is tested – and even challenged – in the topic of religious symbols. There is much discussion on the extent of religious symbols in public display in different countries all over the world. Domestic and international mobility and migration have given rise to controversy, which has led to both efforts and actual law reform to handle the changes that such mobility with its religious, ethnical, and cultural elements bring to customarily homogenous societies.

Because of these changes or attempts of there have been as a result differing opinions and interpretations of the definition of freedom of religion through the lenses of domestic and international law that apply to individual communities or countries, and that may or may not have an effect on their surrounding region.

State-supported public display of religious symbols

Just like in the framework of religious freedom in a general sense, individuals need to think globally and act locally when it comes to state-supported public display of religious symbols. Individuals must recognize that this a global issue that requires local answers. This means that it is often through law reform, that may or may not be influenced by a determined political climate within a country, that a process for answers and resolution to this kind of controversies is what at least legislatively brings a resolution.

Certain issues may linger even after a resolution. One of them may be the variety of meanings that certain symbols may evoke or represent. In the case of religious symbols, they embody a highly subjective value, and how one person views it might differ to another. A symbol is used to send a message by the person or institution that displays it. Everyone who sees it will typically interpret it according to his or her morals, ethics, beliefs, ideologies, and even prejudices, thus allowing a symbol to become an example of the lingering issues on religious symbols in the public square even after a legal or official resolution has taken place.

Personal Religious Symbols

Personal religious symbols are used to send a message of a person’s religious or spiritual beliefs. These personal religious symbols can be worn or displayed in a private property for everyone to see it if it is displayed outside of a private home or building, or to be seen by visitors who enter the home or business. Some examples of religious symbols being worn is the crucifix that Christian Catholics may choose to wear as jewelry or patterned clothing. Similarly, images of a religious figure in Catholicism such as a virgin or saint. For some Christians Protestants a display of the Bible is important.

Another example, though more controversial and even disputed in some institutions and courts, is the wearing of one of the five different head, face, or full body coverings by some Islamist women. To briefly describe these coverings: the Hijab (scarf that covers the hair), Niqab (veil that covers face, showing only eyes), Burka (full face and body covering), Chador (full body cloak revealing eyes or face), Khimar (covers the head, neck, and shoulders).

Religiously themed sculptures, paintings, photos, altars, objects such as candles, etc. are examples of inner and outer private property displays of religious symbols.

Conclusion

Religious symbols are contemplated and protected under international instruments. Signatory States commit themselves to observe them as these instruments become part of their domestic law.

Religious symbols are to be protected but also to be respected from acts such as desecration or destruction. This a challenge civil and police authorities face in some instances when these events occur. However, the international legal framework calls for this aspect of religious freedom to be particularly safeguarded, and it helps States and governments to have a legal guiding principle to ensure these protections.

Building bridges of understanding, commonality, and tolerance are possible as actors observe international problems and work on resolving them locally. By examining global issues, actors may learn from and extract elements that may be applicable to their scope of influence. This is important as resolutions are reached and become examples to others who are dealing or encounter a similar situation to resolve.

Religious symbols in the public square, particularly those State-supported continue to be reason of legal disputes in some places, while in others there has already been legal resolution regarding them. Though a legal resolution might not always fully pleased both sides of the controversy, it at least provides some answer to an existing a relevant issue.

Personal religious symbols though less controversial due to their ability to be worn individually or displayed on private property, sometimes it becomes an issue of public debate, such as in the case of women of religions like the Islam.

How every State treat and resolves controversies regarding religious symbols within the framework of religious freedom is some that has started to be seen and will continue.