A/63/161
50. Contrary to the right to have or adopt a religion (forum internum), the freedom
to manifest one’s religion or belief (forum externum) may be subject to limitations,
for example, according to article 29 (2) of the Universal Declaration of Human
Rights, article 18 (3) of the International Covenant on Civil and Political Rights,
article 1 (3) of the 1981 Declaration, article 9 (2) of the European Convention on
Human Rights and article 12 (3) of the American Convention on Human Rights.
However, these clauses only accept such limitations as are prescribed or determined
by law and are necessary, in a democratic society, to protect public safety, order,
health, morals, or the fundamental rights and freedoms of others.
51. The right to freedom of religion or belief is also included in the concept of
identity, which is an integral part of the right to privacy, as enshrined in article 17 of
the International Covenant on Civil and Political Rights. 46 According to article
17 (1) of the Covenant, no one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation. The Human Rights Committee elaborated in
its general comment No. 16 (1988) that
“the expression ‘arbitrary interference’ can also extend to interference
provided for under the law. The introduction of the concept of arbitrariness is
intended to guarantee that even interference provided for by law should be in
accordance with the provisions, aims and objectives of the Covenant and
should be, in any event, reasonable in the particular circumstances. … As all
persons live in society, the protection of privacy is necessarily relative.
However, the competent public authorities should only be able to call for such
information relating to an individual’s private life the knowledge of which is
essential in the interests of society as understood under the Covenant.” 47
52. With regard to the mentioning of religion on identity cards, the Committee on
the Rights of the Child recommended in its concluding observations, in the light of
article 7 of the Convention (right to name and nationality), that the State party
concerned should “abolish the categories of citizens, as well as the statement on the
national identity card of the religion and ethnic origin of citizens, including
children”. 48
53. The privacy aspect also becomes important in those situations where the State
asks taxpayers to mention their religion on the tax form, for the purpose of levying
taxes for certain major churches. Under certain circumstances this practice could be
perceived as according benefits to certain religions in a discriminatory manner. 49
The State should take appropriate steps to guarantee that the information provided
on the tax forms is not used for any purposes other than within the framework of the
levying of taxes.
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46
47
48
49
08-43442
Nowak, op. cit., art. 17, para. 18.
Official Records of the General Assembly, Forty-third Session, Supplement No. 40 (A/43/40),
annex VI, paras. 4 and 7.
Committee on the Rights of the Child, concluding observations: Myanmar (CRC/C/15/Add.237),
para. 35.
See E/CN.4/1998/6/Add.2 (on Germany), paras. 11 and 18, where the Special Rapporteur also
explains that in the context of Germany these advantages are not related to the religious
character of the church, but to recognition of the fact that it is in the public interest, or regarded
as compensation for assets which had been confiscated without payment.
17