A/67/303
which occurs in various parts of the world and seems to stem from different
motives. For instance, abuses are perpetrated in the name of religious or ideological
truth claims, in the interest of promoting national identity or protecting societal
homogeneity, or under other pretexts such as maintaining political and national
security. While some undue restrictions on the rights of converts or those trying
non-coercively to convert others are undertaken by State agencies, other abuses,
including acts of violence, stem from widespread societal prejudices. Violations in
this sensitive area also include forced conversions or reconversions, again
perpetrated either by the State or by non-State actors. In addition, the rights of
converts or those trying non-coercively to convert others are sometimes questioned
in principle. The Special Rapporteur has therefore decided to put a thematic focus
on this issue in the present report in order to contribute to a clarification of the
rights of converts and those trying non-coercively to convert others as inextricable
dimensions of freedom of religion or belief. 6
16. The right to freedom of thought, conscience, religion or belief has manifold
facets. In the area of conversion, at least four subcategories warrant systematic
attention: (a) the right to conversion (in the sense of changing one’s own religion or
belief); (b) the right not to be forced to convert; (c) the right to try to convert others
by means of non-coercive persuasion; and (d) the rights of the child and of his or
her parents in this regard. It is important to clearly distinguish these dimensions
since they differ with respect to the precise content and degree of legal protection
attached to them under international human rights law. At the same time, one should
not lose sight of the close links among the various dimensions in the attempt to
ensure respect for every person’s freedom of religion or belief. 7
B.
International human rights framework
Right to conversion (in the sense of changing one’s own religion or belief) 8
1.
17. Article 18 of the Universal Declaration of Human Rights explicitly guarantees
the “freedom to change” one’s religion or belief as an inextricable component of the
human right to freedom of religion or belief. While subsequent United Nations
instruments use slightly different wording, the right to conversion remains fully
protected. Article 18 of the International Covenant on Civil and Political Rights
provides that freedom of thought, conscience and religion includes “freedom to have
or adopt a religion or belief of his choice”. Article 18 (2) was included partly to
reinforce the protection of the right to conversion, stating that “[n]o one shall be
subject to coercion which would impair his freedom to have or adopt a religion or
belief of his choice”. Article 1 of the 1981 Declaration refers to everyone’s
“freedom to have a religion or whatever belief of his choice”.
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6
7
8
12-46130
Issues relating to conversion have already been discussed by previous mandate holders; see, for
example, A/51/542/Add.1, paras. 11-12 and 134; E/CN.4/2005/61, paras. 45-47; and A/60/399,
paras. 40-68.
From a strictly normative perspective, there is no meaningful difference between conversion and
reconversion. As part of his empirical observations, the Special Rapporteur nonetheless
occasionally refers explicitly to both converts and reconverts or to acts of conversion and
reconversion.
In the present report, formulations like “right to conversion” or “freedom of conversion” always
relate to the dimension of changing one’s own religion or belief.
7