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. 08-43442

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