A/67/303 50. Parents from minorities or converts may run the risk of losing the right to have custody of their own children. In conflicts between parents of different religious or belief-related orientations, for example in the context of divorce settlements, parents from minorities or converts frequently suffer discriminatory treatment. In such situations, children often cannot express their views in an open, non-intimidating atmosphere, which is required to respect their right to be heard. As a result of an insensitive or discriminatory handling of such complicated situations, children are alienated from their parents or families, with traumatic consequences for all. This can amount to grave violations of the rights of the child, as well as a serious violation of freedom of religion or belief of the parents. D. Widespread misunderstandings 51. Freedom of religion or belief in the broad field of conversion is not only violated in practice; it is sometimes also questioned in principle. In discussions with representatives of Governments, members of various religious or belief communities and other stakeholders in society and academia, the Special Rapporteur has come across perceptions and conceptualizations that may lend intellectual support to undue infringements, in particular of the rights of converts and those trying to convert others by means of non-coercive persuasion. He therefore briefly addresses some typical misunderstandings. 1. Disruption of peace and harmony 52. The most widespread objection against the right to try non-coercively to convert others concerns the fear that this may lead to a disruption of societal peace and interreligious harmony. A number of Governments have taken up such objections and turned them into a general argument of “public order” which they use to restrict the right to try to convert others even if such attempts are undertaken by means of strictly non-coercive persuasion. In many cases, such restrictions, for example against “proselytism” or “unethical conversions” (see A/60/399, paras. 44-45) remain overly broad, vaguely defined or even discriminatory, thus failing to satisfy the criteria set out in article 18 (3) of the International Covenant on Civil and Political Rights. 53. With regard to this issue, the Special Rapporteur emphasizes that he obviously shares an interest in promoting peaceful relations among people of different religions or beliefs. He further notes that freedom of religion or belief itself should be seen as conducive to peace. This is reflected, for example, in the 1948 Universal Declaration of Human Rights, which proclaims in its preamble that respect for human rights constitutes “the foundation of […] freedom, justice and peace in the world”. 54. The peace facilitated by human rights in general and freedom of religion or belief in particular is built on due recognition of people’s most diverse convictions and concomitant practices. This includes respect for the rights of individuals to communicate on questions of religion or belief, reach out across communities and State boundaries, broaden their own horizons or try to persuade others in a non-coercive manner. Thus, a society respectful of freedom of religion or belief for everyone, as guaranteed in international human rights law, will likely be a religiously pluralistic society, with open boundaries among different communities 12-46130 17

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