A/67/303
to manifest one’s religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals
or the fundamental rights and freedoms of others”. Thus, limitations imposed on the
right to try to convert others require a legal basis; they must pursue one of the
legitimate aims exhaustively listed in article 18 (3); they should be clearly and
narrowly defined; they must be proportionate; and they should not be implemented
in a discriminatory manner. By contrast, general provisions against “proselytism”, a
term that often remains undefined or merely vaguely circumscribed while typically
carrying negative connotations would not suffice to meet the criteria prescribed in
article 18 (3).
29. The Special Rapporteur notes that some religious communities, interfaith
organizations and non-governmental organizations have developed voluntary ethical
guidelines or voluntary codes of conduct on how to undertake and not to undertake
missionary activities. 18 Those subscribing to such guidelines commit to respecting
ethical principles, such as avoiding negative stereotypes, showing sensitivity for
different cultural contexts and not linking charity work or humanitarian aid to
expectations of conversion. While appreciating the significance of such ethical
guidelines, which can have a beneficial effect on interreligious communication and
cooperation, the Special Rapporteur emphasizes that they should be respected as
voluntary and cannot be enforced by States. Moreover, reference to such voluntary
guidelines or codes of conduct must not become a pretext for States to circumvent
the criteria set out in article 18 (3) of the International Covenant on Civil and
Political Rights when imposing limitations on the right to try to convert others by
means of non-coercive persuasion.
4.
Rights of the child and of his or her parents
30. Pursuant to article 18 (4) of the International Covenant on Civil and Political
Rights, States parties undertake “to have respect for the liberty of parents and, when
applicable, legal guardians to ensure the religious and moral education of their
children in conformity with their own convictions”. This provision has been
reaffirmed by article 5 (1) of the 1981 Declaration, which states: “The parents or, as
the case may be, the legal guardians of the child have the right to organize the life
within the family in accordance with their religion or belief and bearing in mind the
moral education in which they believe the child should be brought up.”
31. At the same time, the Convention on the Rights of the Child recalls that
parents’ rights must always be seen in conjunction with the human rights of the
child. Article 14 (1) of the Convention requires States to “respect the rights of the
child to freedom of thought, conscience and religion”. Article 14 (2) obliges States
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See World Council of Churches, Pontifical Council for Interreligious Dialogue, World
Evangelical Alliance, “Christian Witness in a Multi-Religious World: Recommendations for
Conduct” (Bangkok, 2011). See also Organization for Security and Cooperation in Europe
(OSCE)/Office for Democratic Institutions and Human Rights, “Guidelines for Review of
Legislation Pertaining to Religion or Belief”, 2004; Oslo Coalition on Freedom of Religion or
Belief, “Missionary Activities and Human Rights: Proposing a Code of Conduct regarding
Missionary Activities”, 2008; International Federation of Red Cross and Red Crescent Societies
and the International Committee of the Red Cross (ICRC), “Code of Conduct for the
International Red Cross and Red Crescent Movement and Non-Governmental Organizations
(NGOs) in Disaster Relief”, 1994, available from www.ifrc.org/en/publications-andreports/code-of-conduct/.
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