ВЕРСКА СЛОБОДА И ЊЕНА ЗЛОУПОТРЕБА - ИСТОРИЈСКИ И АКТУЕЛНИ ПРАВНИ АСПЕКТИ
RELIGIOUS FREEDOM AND ITS ABUSE - HISTORICAL AND CURRENT LEGAL ASPECTS

Summary/Abstract: In the first part of his paper tlie author analyzes general problem of ballance between freedom and limits of its use from historical point of view, taking ancient Greece as a starting point. He also outlines legislative regulation of religious freedom in comparative constitutional history and international law. He points to the initial guarantee that no one should suffer adverse consequences because of his religious conviction, to shifting the emphasis on the freedom to change one's religious belief (Universal Declaration of Human Rights 1948 and the European Convention on the Protection of Human Rights and Fundamental Freedoms 1950), as well as to slight emphasis on the right to retain one's religious conviction, by formulation „freedom to have or to adopt religion or belief of his choice" (International Convenant on Civil and Political Rights 1966). However, intense spreading religious groups and sects, have aroused concern among some West European states and European institutions, especially the Council of Europe, so that more attention is going to be paid to the question of legal regulation of abuse of religious freedom. On the other side, the author draws attention to the recent International Religious Freedom Act of 1998. Although it represents a national legal act of the USA, because of the nature of the mechanism of sanctions, it has essentially international implications. Its aim is full attainment of religious freedoms in the world and especially prevention of imposing limitations on the freedom of activity of new religious movements through the national legislations. In the second part the author points that there is a complete loophole in regulation of religious freedom in the legal system of the Republic of Serbia and FRY, particularly since the Law on the Legal Position of Religious Communities (1977) was revoked in 1993. The author points out that the future legislator will be confronted with contradictory demands: to ensure full freedom of religious convictions in keeping with the latest international requirements, on the one hand, but also, on the other hand, to prevent abuse of religious freedom, which is often the case not only in this country. He sees the solution primarily in the positive measures taken by the state (introduction of religious instruction in schools, chaplancy in the army, religious assistence in prisons, hospitals and old age homes, improving media information, denationalization of church property so as to strengthen its ability to defend the existing religious convictions, more effective application of the existing legal mechanisms). Resorting to special legislative measures in criminal law is to be avoided, nevertheless developement in some Western European countries could lead to this effect in the near future.

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