A/63/161
person’s religion on identity papers “could still pose a problem to the extent that
social pressures might make it difficult to omit mention of one’s religion or
beliefs”. 41
46. The freedom to have and adopt a religion or belief is enshrined in several
international and regional legal standards. This right also includes a negative
freedom not to belong to any religious group or to live without religious
confession. 42 In paragraph 3 of its general comment No. 22 (1993), 43 the Human
Rights Committee underlined that no one can be compelled to reveal his thoughts or
adherence to a religion or belief. In view of the negative freedom of religion or
belief, this necessarily also includes the right not to be compelled to reveal one’s
non-adherence to a particular religion or belief.
47. The Special Rapporteur has emphasized both the positive and the negative
freedom of religion or belief in the context of religious symbols. 44 This
differentiation is also relevant with regard to the obligation to state one’s religion or
belief on official documents. Whereas some may wish to declare their religion and
thus exercise their positive freedom of religion or belief, others may rightly wish not
to do so, which would amount to the exercise of their negative freedom of religion
or belief.
48. Moreover, article 18 (2) of the International Covenant on Civil and Political
Rights prohibits the State from exercising coercion to belong or not to belong to a
certain religious group. The Human Rights Committee has interpreted this provision
as follows:
“Article 18.2 bars coercion that would impair the right to have or adopt a
religion or belief, including the use or threat of physical force or penal
sanctions to compel believers or non-believers to adhere to their religious
beliefs and congregations, to recant their religion or belief or to convert.
Policies or practices having the same intention or effect, such as, for example,
those restricting access to education, medical care, employment or the rights
guaranteed by article 25 and other provisions of the Covenant, are similarly
inconsistent with article 18.2. The same protection is enjoyed by holders of all
beliefs of a non-religious nature.” 45
49. The imposition by the State of a duty on individuals to publicly state their
allegiance to a certain religion on official documents may also constitute a
limitation of their right to manifest their religion or belief. In cases where the
application procedure for such official documents only allows the applicant to select
from a limited number of religions, those applicants whose religion is not included
in the list may not be able to manifest their religion by having their allegiance to it
made public. In addition, there is equally a right not to manifest one’s religion,
which would also be limited through the requirement to mention one’s religion on
an official document.
__________________
41
42
43
44
45
16
A/55/280/Add.1 (on Turkey), para. 22.
Manfred Nowak, UN Covenant on Civil and Political Rights. CCPR Commentary (2nd ed.),
Kehl am Rhein, N. P. Engel Verlag, 2005, art. 18, para. 15.
See Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40
(A/48/40), vol. I, annex VI.
E/CN.4/2006/5, paras. 36-60.
Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40),
vol. I, annex VI, para. 5.
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