A/67/303 non-coercive persuasion can be limited in conformity with the criteria prescribed in article 18 (3) of the International Covenant on Civil and Political Rights. However, the Special Rapporteur has the strong impression that many of the legislative or administrative restrictions imposed by States fall far short of satisfying those criteria. For example, vague and overly broad definitions of “proselytism”, “unethical conversion” and related “offences” may create an atmosphere of insecurity in which law enforcement agencies can restrict acts of religious communication in an arbitrary manner. Some States have started to require individuals seeking to conduct missionary activities to register, sometimes on an annual basis. However, in view of the right to try to convert others by means of non-coercive persuasion, registration should not be a precondition for practising one’s religion or belief, including through missionary activities. 25 47. The Special Rapporteur has also noted with concern that restrictions are often conceptualized and implemented in violation of the principle of non-discrimination. In particular, States that have an official religion frequently seem to encourage missionary activities on behalf of the country’s official religion, while at the same time prohibiting or restricting any attempts to convert people to another religion or belief. With regard to the concept of an official “State religion”, the Special Rapporteur reiterates that it seems difficult, if not impossible, to conceive of an application of this concept that in practice does not have adverse effects on religious minorities, thus discriminating against their members (see A/HRC/19/60, para. 66). There are also some discriminatory domestic legal provisions that give preferential treatment to so-called “reconversions” to the forefathers’ original religion (see A/HRC/10/8/Add.3, para. 48). Such policies and practices violate the principles of equality and non-discrimination on which the entire architecture of human rights, including the right to freedom of religion or belief, is based. 4. Violations of the rights of the child and of his or her parents 48. Violations of freedom of religion or belief in the broad field of conversion sometimes include State pressure or societal pressure on children, a phenomenon that warrants special discussion, since it goes against the rights of parents or guardians to ensure the religious and moral education of their children in conformity with their own convictions and in a manner consistent with the evolving capacities of the respective child. 49. The Special Rapporteur is deeply concerned by reports of repressive measures targeting children, since they occur in a considerable number of countries. As well as directly violating the rights of the affected children, such practices often seem to pursue the illegitimate purpose of exercising pressure on their parents or guardians. The intention may be to reconvert them to their previous religion or put pressure on members of minorities or non-traditional religions to convert to socially “accepted” religions or beliefs that are thought to be more in line with the traditional makeup of the country. Measures used for such purposes include involuntary participation of children in religious instruction as part of the mandatory school curriculum. Sometimes, children of converts or children from a religious minority are even urged to actively participate in religious prayers or practice religious rituals in public schools. __________________ 25 16 See E/CN.4/2005/61, paras. 55-58; A/61/340, paras. 52-54; and A/HRC/19/60, para. 41. 12-46130

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