‘You Do Not Have the Freedom of Religion!’: A Postcolonial Analysis of Article 18 of the Universal Declaration of Human Rights in the Context of Pakistan

Abstract

This article analyses Article 18 (Freedom of Religion or Belief, FoRB) of the Universal Declaration of Human Rights from a postcolonial perspective, using Pakistan as a case study. It challenges the assumption that FoRB is a Western construct, demonstrating that various cultures, including Islamic traditions, had established forms of religious tolerance long before the European Enlightenment. While Pakistan initially supported Article 18, advocating for the right to change one’s religion, its legal framework has since evolved, incorporating Islamic principles that restrict religious freedom. This shift has created tensions between Pakistan’s secular constitutional foundations and religious legislation, leading to increased limitations on minority rights. The study highlights the complex interplay between colonial legacies, religious identity, and human rights discourse, arguing that critiques of FoRB in postcolonial states must consider historical and cultural contexts rather than applying a purely Western framework.