A/HRC/4/21/Add.3
page 6
of the Supreme Council also include centrally drafting sermons, certifying Imams, as well as
building and maintaining mosques. The members of the Supreme Council are appointed by the
Government for unlimited terms.
II. INTERNATIONAL STANDARDS ON THE RIGHT
TO FREEDOM OF RELIGION OR BELIEF
11.
This section provides an overview of the main international legal standards relied upon
by the Special Rapporteur in carrying out her assessment of the situation regarding freedom of
religion or belief in the Maldives.1
12.
Article 18 of the Universal Declaration of Human Rights (UDHR) and article 18 of the
International Covenant on Civil and Political Rights (ICCPR) set out the basic elements of the
right to freedom of religion or belief.
13.
In addition to article 18, there are a number of other articles of the ICCPR and UDHR,
which are relevant to freedom of religion or belief. These include article 2 and article 16 of
UDHR. Relevant articles of ICCPR include article 20, which obliges States to prohibit advocacy
of national, racial or religious hatred constituting incitement to discrimination, hostility or
violence, article 26 prohibits discrimination and guarantees to all persons equal and effective
protection against discrimination on religious grounds, and article 27 provides for the right of
members of religious minorities to profess and practise their own religion. The Special
Rapporteur is also guided by general comment No. 22 (1993) of the Human Rights Committee,
which interprets the content of article 18 of the ICCPR.
14.
The Special Rapporteur also takes into account other human rights treaties containing
provisions relevant to freedom of religion or belief, including the International Covenant on
Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW), the International Convention on the
Elimination of All Forms of Racial Discrimination (ICERD), the Convention on the Rights of
the Child (CRC), the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.
15.
The Special Rapporteur is also guided by other relevant instruments produced by various
United Nations bodies. The most important of these instruments for the mandate is the
1981 General Assembly Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief (“1981 Declaration”). Other relevant instruments
include the Standard Minimum Rules for the Treatment of Prisoners and the Body of Principles
for the Protection of All Persons under Any Form of Detention or Imprisonment, along with
relevant resolutions of the former Commission on Human Rights and its successor, the Human
Rights Council.
1
For further information on the international legal standards relied upon by the Special
Rapporteur in the implementation of her mandate see E/CN.4/2005/61, paras. 15-20 and
E/CN.4/2006/5, Annex.