- The right to freedom of religion is a fundamental right
the right to freedom of religion is part of civil and political rights. which is the right to fundamental freedom that is obtained as the essence of the existence of a human being that has been recognized in various international conventions and regional instruments. universal conventions and declarations governing religious freedom are universal declarations of human rights, conventions on civil and political rights and many others. so many international rules governing the freedom of religion it signifies that as a protection of religious freedom for everyone. as a form of fundamental right, the state may not intervene or hinder a person's freedom of religion. Instead, the state should be able to provide safeguards that guarantee freedom of religion. be it legislative, executive or otherwise.
In Maurice Craston's opinion, there are two rights, namely legal rights and moral rights:
1. legal rights consist of the following rights:
- general positive legal rights, namely the rights that are enjoyed by everyone given the constitution
- traditional legal rights, namely the original rights of community members
- positive legal rights of specific classes of persons, namely special rights that are not owned by everyone, this is exclusive such as the rights of soldiers, doctors, judges and others.
- the positive legal rights of a single person, namely the rights granted on the basis of the status or position of the person and these rights are special such as presidents, kings, prime ministers and others.
2. moral rights, is a morally inherent right;
- the moral rights of one person only, which is a set of moral rights that arise from reality as a result of positions, duties and professions. These rights can be juridical or moral
- the moral rights of specific groups of people, namely a set of rights owned by a group of citizens because they have a certain role. for example: the rights of parents to their children.