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

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