A/63/161
State will at all times respect minority
(A/CONF.189/PC.1/7, annex, para. 119)
ethnic
and
religious
rights”.
58. Concerning reservations of public posts, the Human Rights Committee stated
in paragraph 9 of its general comment No. 22 (1993) that “measures restricting
eligibility for government service to members of the predominant religion or giving
economic privileges to them or imposing special restrictions on the practice of other
faiths, are not in accordance with the prohibition of discrimination based on religion
or belief and the guarantee of equal protection under article 26”. In addition, the
Human Rights Committee noted in the case of Waldman v. Canada that the fact that
a distinction is enshrined in the Constitution of a State does not render that
distinction reasonable and objective. 56
59. With respect to the obligation to take an oath stating allegiance to a certain
religion when one wishes to take up a public post, reference can be made to the
above-mentioned provisions relating to the positive and negative freedom of
religion or belief, the prohibition of coercion by the State regarding the freedom of
religion or belief and the permissible limitations of the manifestation of the freedom
of religion or belief.
C.
International and regional case law
60. There seem to be only a few pertinent judgements at the international or
regional level relating to the above-mentioned citizenship issues and religious
discrimination in administrative procedures.
1.
Human Rights Committee
61. The Human Rights Committee implied in Coeriel et al. v. The Netherlands that
a case may fall within the ambit of article 18 of the International Covenant on Civil
and Political Rights when a State does not allow a change of family name of a
person who claims this is necessary in the context of his or her religion. The
complainants in that case, Mr. Coeriel and Mr. Aurik, wished to change their family
name to Hindu names after having adopted the Hindu religion. However, the
Committee found the complaint inadmissible under article 18 of the Covenant, as
“the regulation of surnames and the change thereof was eminently a matter of public
order and restrictions were therefore permissible under paragraph 3 of article 18”. 57
With regard to privacy, the majority of the Committee members held that in the
circumstances of the instant case the refusal of the authors’ request was arbitrary
within the meaning of article 17 (1) of the Covenant, since the grounds for limiting
the authors’ rights were not reasonable. 58
__________________
56
57
58
08-43442
Human Rights Committee, Waldman v. Canada, views of 3 November 1999
(CCPR/C/67/D/694/1996), para. 10.4.
Human Rights Committee, Coeriel et al. v. The Netherlands, views of 31 October 1994
(CCPR/C/48/D/453/1991), para. 6.1; the Committee also considered that the Government of the
Netherlands “could not be held accountable for restrictions placed upon the exercise of religious
offices by religious leaders in another country”, i.e. requirements imposed by Indian Hindu
leaders.
Ibid., para. 10.5. See also the dissenting individual opinions of Nisuke Ando and Kurt Herndl.
19