A/67/303
2.
Right not to be forced to convert
22. The right not to be forced to convert also falls within the ambit of the forum
internum, which has the status of absolute protection. In a sense, it is already
implied in the right to conversion itself which, as a right to freedom, necessarily
means voluntary, namely, non-coerced conversion. However, the right not to be
forced to convert entails specific obligations on the State and hence warrants a
separate discussion.
23. Above all, States must meticulously ensure that the specific authority of State
agents and State institutions is not used to coerce people to convert or reconvert.
One area that requires particular attention in this regard is the school which, besides
being a place of learning and education, is also an institution that wields a high
degree of authority over children, namely, young persons who may be particularly
vulnerable to pressure from teachers or peers (see A/HRC/16/53, paras. 20-62).
Other institutions that typically expose individuals to situations of increased
vulnerability include the police force, the military and penal institutions. In all these
and other State institutions, Governments have a special responsibility to guarantee
everyone’s protection against possible coercion to convert or reconvert to a religion
or belief against their will. 13 The Human Rights Committee has emphasized that
policies or practices having the intention or effect of compelling believers or
non-believers to convert, for example, by restricting access to education, medical
care or employment, are inconsistent with article 18 (2) of the International
Covenant on Civil and Political Rights.9
24. The right not to be forced to convert is also relevant to non-State actors or to
third parties, namely, private individuals or organizations. If individuals or
organizations try to convert people by resorting to means of coercion or by directly
exploiting situations of particular vulnerability, protection by States against such
practices may prove necessary. This may amount to limiting the right to try to
persuade others, which itself constitutes an important part of the forum externum
dimension of freedom of religion or belief. As will be further discussed in
section III.B.3 below, such restrictions can, however, only be justified if they strictly
meet all the criteria set out in article 18 (3) of the International Covenant on Civil
and Political Rights.
25. States also have the responsibility to ensure that forced conversions do not
occur in the context of marriage or marriage negotiations. The obligation to
guarantee effective protection, especially for women and sometimes minors, in this
sensitive field follows from the right to freedom of religion or belief as well as from
the duty of States to combat all forms of violence and discrimination against
women. According to article 16 (1) (b) of the Convention on the Elimination of All
Forms of Discrimination against Women, States parties “shall take all appropriate
measures to eliminate discrimination against women in all matters relating to
marriage and family relations and in particular shall ensure, on the basis of equality
of men and women […] the same right freely to choose a spouse and to enter into
marriage only with their free and full consent”.
__________________
13
12-46130
See recent communications in A/HRC/16/53/Add.1, paras. 88-98 and 346-350.
9