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work, or indeed in public places, illustrate the complexities and pressing nature of
questions regarding the scope and limitations of freedom of religion or belief. On the
one hand, some secularists have strongly advocated that manifestations of religion
should be restricted to the private sphere in order to maintain a “neutral” space in
which all persons, of all origins and beliefs, can be treated equally. Others argue that
everyone should be allowed to manifest their religion or belief freely, in accordance
with their rights as enshrined in international human rights norms and standards, and
highlight the uneven impacts that facially neutral laws have on different faith -based
communities. The Special Rapporteur reiterates that any and all such restrictions on
the manifestation of religion or belief must strictly comply with the limitations regime
specified under international human rights law, and must be based on clear eviden ce.
41. The need to protect public safety and public order is of course clear. The danger,
however, is that a State may use such an excuse to limit the rights of persons
belonging to a religion or belief community that it finds inconvenient, and some have
taken the public safety and order limitation to mean “public interest restrictions”. In
many cases, such limitations in the public’s interest have been extended to promote a
restrictive form of secularism.
42. Moreover, it is not always possible to separate conscience-based commitments
and acts of religion or belief from faith or internal belief systems, particularly when
deciding on issues concerning the right to “act” in accordance with one’s religion or
belief. That is, faith-based commitments cannot always be contained within the
private sphere. For some, their religion or belief is a way of life, and certain precepts
are understood to be enjoinments to public expression of religion or belief.
Furthermore, values based on religion or belief often dictate standards of social
conduct and responsibility that require individuals to act accordingly. In other words,
for many there is a strong interrelationship between their beliefs and their way of life.
43. In recognition of this premise, the forum internum enjoys unqualified protection
under international law. However, the underlying philosophy of several programmes
to prevent and counter violent extremism attempt to place limitations on forum
internum (which is an absolute, non-derogable right) vis-à-vis religious expression
(which is not an absolute right). The Special Rapporteur notes that attempts to
“police” the internal sphere may amount to indirect coercion in matters of religion or
belief and may violate the absolute prohibition against intrusion in the forum
internum.
D.
Reconciling freedom of religion or belief and other rights
44. The exercise of freedom of religion or belief is dependent on the enjoyment of
other human rights. These include freedoms of expression, peaceful assembly,
association and movement, the rights to privacy and equality before the law,
education, the highest attainable standard of health and many more. Freedom of
religion or belief achieves its full meaning only in the broad context of human rights.
Indeed, many aspects of freedom of religion or belief have little or no meaning if
other human rights are not effectively secured. At times, this can result in competing
claims between the right to freedom of religion or belief and other human rights, or
between religious and secular interests.
45. While national security is not, as already noted, included in article 18,
paragraph 3, of the International Covenant on Civil and Political Rights as a
legitimate ground for limiting the manifestation of religion or belief, public sa fety is,
and given the broad scope of activities that could be perceived to act as a threat to
public safety, “there is a risk that States will cite them to justify restrictions on
[freedom of religion or belief] imposed for reasons tantamount to national security
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