In what may be a glimmer of hope to international human rights law, the US Air Force recently updated its dress code to allow hijabs, turbans and neatly kept beards as part of their uniform. This move will enable religiously observant minorities like Sikhs and Muslims to serve in the force, staying true to their faith. In light of this development, this article discusses whether there is a coherent notion amongst states regarding freedom to manifest religion under international legal theory.
Article 2, Article 18 and Article 27 of the Universal Declaration of Human Rights, 1948 grants all individuals the freedom of religion without being discriminated. Article 2, Article 4 and Article 18 of the International Covenant on Civil and Political Rights, 1966 further broadens these provisions, and specifically includes the freedom to manifest religious symbols and attire such as hijabs, turbans and beards. However, this freedom to manifest religion can be curtailed by prescribed law based on subjective terms such as “to protect public safety, order, health or morals or fundamental rights and freedoms of others.”
Since these are vague terms with no agreed-upon definitions, states often design laws in the interest of the majority community, while religious obligations of minority communities are overlooked, as observed in the following cases.