A/67/303
18. As early as 1987, the then Special Rapporteur of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, Elizabeth Odio Benito,
concluded that while these provisions varied slightly in wording, they “all meant
precisely the same thing: that everyone has the right to leave one religion or belief
and to adopt another, or to remain without any at all” (see E/CN.4/Sub.2/1987/26,
para. 21). In its general comment No. 22 (1993), the Human Rights Committee also
interprets the “have or adopt” formulation of the International Covenant on Civil
and Political Rights to include the right to conversion — an interpretation to which
the Special Rapporteur clearly subscribes: In general comment No. 22, the
Committee observes that “the freedom ‘to have or to adopt’ a religion or belief
necessarily entails the freedom to choose a religion or belief, including the right to
replace one’s current religion or belief with another or to adopt atheistic views, as
well as to retain one’s religion or belief”. 9
19. It is generally agreed that within the ambit of freedom of religion or belief, the
forum internum, namely, the internal dimension of a person’s religious or beliefrelated conviction, enjoys absolute protection. In this regard, the forum internum
differs from external manifestation of religion or belief, which can be restricted
under certain conditions and in accordance with certain criteria. As pointed out by
the Human Rights Committee, the forum internum also covers everyone’s freedom
to have or adopt a religion or belief of one’s choice and this freedom is protected
unconditionally. 10 Consequently, the right to conversion has the rank of an
absolutely protected right within freedom of religion or belief and does not permit
any limitations or restrictions for any reason.
20. The Special Rapporteur reiterates the Human Rights Committee’s clarification
that freedom of religion or belief should be broadly construed so as to protect
“theistic, non-theistic and atheistic beliefs, as well as the right not to profess any
religion or belief”. 11 Since the application of article 18 of the International
Covenant on Civil and Political Rights is not limited “to traditional religions or to
religions or beliefs with institutional characteristics or practices analogous to those
of traditional religions”, 12 such a broad understanding must also guide the various
human rights questions that occur in the field of conversion.
21. States therefore have a number of obligations vis-à-vis the right to conversion.
First, States should respect everyone’s right to conversion as a forum internum
component within freedom of religion or belief, for example, by abolishing
punishments against converts and removing administrative obstacles. Moreover,
States are obliged to protect the right to conversion against possible third-party
infringements, such as violence or harassment against converts by their previous
communities or their social environment. In addition, States should promote a
societal climate in which converts can generally live without fear and free from
discrimination.
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9
10
11
12
8
See CCPR/C/21/Rev.1/Add.4, para. 5.
Ibid., para. 3.
Ibid., para. 2; the same formulation was also used in the Final Document of the International
Consultative Conference on School Education in Relation to Freedom of Religion or Belief,
Tolerance and Non-Discrimination (see E/CN.4/2002/73, appendix, footnote 1).
Ibid., para. 2.
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