Honourable Marlene Malahoo Forte, Minister of Legal and Constitutional Affairs, has reiterated the constitutional safeguards for religious freedom, emphasising that “ifthe State enacts a general law within its power to advance secular goals, the statute remains valid despite any indirect burden on religious observance.”
Minister Malahoo Forte was speaking at the Religious Liberty Summit hosted by the Jamaica Union Conference of Seventh-day Adventists in collaboration with the National Religious Liberty Association on Thursday, January 30 at the Jamaica Conference Centre. The Minister addressed concerns regarding government-imposed limitations on religious gatherings during the height of the COVID-19 pandemic in 2020. An attendee questioned whether such restrictions constituted a violation of Section 17 of the Constitution, which guarantees the right to freedom of religion.
In her response, Minister Malahoo Forte referenced a 2024 ruling by the Jamaican Supreme Court, which examined whether pandemic-related restrictions under the Disaster Risk Management Act infringed upon the claimant’s constitutional rights.
“In making its ruling, the Court first addressed the need to define religion,” the Minister explained. She further noted that “the Court relied on Article 9 of the European Convention, which states that:
‘Everyone has the right to freedom of thought, conscience, and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others, in public or private, to manifest his religion or belief in worship, teaching, practice, and observance.’”
The Minister further noted that the Supreme Court ruled that the freedom to manifest one’s religion is subject to reasonable legal limitations - particularly, when necessary, in a democratic society for reasons relating to public safety, order, health, or morals, or to protect the rights and freedoms of others.
“Ultimately, the Court found that the evidence presented failed to establish that the claimant’s right to freedom of religion was violated by the restrictions imposed by the State,” the Minister stated.
Religious Freedom in the Constitution
The event, held under the theme, ‘Fostering Unity: Respecting Beliefs’ sought to underscore the fundamental importance of religious liberty in a diverse society.
Minister Malahoo Forte outlined that the Charter of Fundamental Rights and Freedoms explicitly protects the right to freedom of religion, distinct from the broader rights to freedom of thought, conscience, and belief.
She explained that “Section 17 of the Charter states that every person has the right to freedom of religion, including the freedom to change their religion and to manifest and propagate their beliefs in worship, teaching, practice, and observance - whether individually or in community with others, in public or private.”
Additionally, she highlighted that Section 13(3)(i) of the Charter guarantees freedom from discrimination on the basis of religion, reinforcing Jamaica’s commitment to protecting religious diversity and tolerance.
The Minister noted that “unlike some jurisdictions where freedom of religion is encapsulated within a broader right to freedom of conscience, Jamaica’s 2011 Charter distinctly enshrines the right to freedom of religion as a stand-alone provision.”
She reaffirmed the Government’s commitment to upholding religious liberty, ensuring that constitutional protections remain robust, relevant, and reflective of Jamaica’s democratic principles.