LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fundamental Rights – Right to Privacy – Right to Freedom of Thought, Conscience and Religion – Implication for Medical Treatment
PRINCIPLE STATEMENT
The right to privacy implies a right to protect one's thought, conscience or religious belief and practice from coercive and unjustified intrusion; and, one's body from unauthorised invasion. The right to freedom of thought, conscience or religion implies a right not to be prevented, without lawful justification, from choosing the course of one's life, fashioned on what one believes in, and a right not to be coerced into acting contrary to one's religious belief. The limits of these freedoms, as in all cases, are where they impinge on the rights of others or where they put the welfare of society or public health in jeopardy. The sum total of the rights of privacy and of freedom of thought, conscience or religion which an individual has, put in a nutshell, is that an individual should be left alone to choose a course for his life, unless a clear and compelling overriding state interest justifies the contrary.
RATIO DECIDENDI (SOURCE)
"The right to privacy implies a right to protect one's thought, conscience or religious belief and practice from coercive and unjustified intrusion; and, one's body from unauthorised invasion. The right to freedom of thought, conscience or religion implies a right not to be prevented, without lawful justification, from choosing the course of one's life, fashioned on what one believes in, and a right not to be coerced into acting contrary to one's religious belief. The limits of these freedoms, as in all cases, are where they impinge on the rights of others or where they put the welfare of society or public health in jeopardy. The sum total of the rights of privacy and of freedom of thought, conscience or religion which an individual has, put in a nutshell, is that an individual should be left alone to choose a course for his life, unless a clear and compelling overriding state interest justifies the contrary."
EXPLANATION / SCOPE
The right to privacy protects thought, conscience, religious belief and practice from coercive intrusion, and the body from unauthorised invasion. The right to freedom of thought, conscience, and religion protects the individual from being prevented, without lawful justification, from choosing life’s course based on belief, and from being coerced into acting contrary to religious belief. These freedoms are limited where they impinge on others’ rights or jeopardise public health or societal welfare. The individual should be left alone to choose life’s course unless a clear and compelling overriding state interest justifies interference. The principle balances individual autonomy with state interests. The state must show compelling justification for any intrusion.
