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Belief of 1981 (the 1981 Declaration). Moreover, in situations in which abuses are
mainly committed by non-State actors, Governments still bear a responsibility for
not being willing — or not being fully able — to provide effective protection for
individuals and groups whose rights are being violated.
A.
1.
The normative scope of freedom of thought, conscience, religion
or belief
Inclusive conceptualization as a consequence of universalism
11. Freedom of religion or belief does not — and indeed cannot — protect
religions or belief systems themselves, that is, their various truth claims, teachings,
rituals or practices. Instead, it empowers human beings — as individuals, as well as
in community with others — who profess religions or beliefs and may wish to shape
their lives in conformity with their own convictions. The reason for this focus on
“believers rather than beliefs” (as it has been summed up succinctly) is not that
human rights reflect a certain “anthropocentric world view”, as some observers have
wrongly inferred. Instead, a main reason is that religions and beliefs are very
different, often even irreconcilably so, in their messages and normative
requirements. Religions and beliefs reflect an abundance of diverse teachings,
doctrines, ideas of salvation, norms of conduct, liturgies, holidays, fasting periods,
dietary customs, dress codes and other practices. Moreover, interpretations of what
matters religiously may differ widely, not only between but also within religious
communities. Hence, the only common denominator identifiable within such vast
diversity seems to be the human being, who is the o ne professing and practising his
or her religion or belief, as an individual and/or in community with others.
Accordingly, human rights can only do justice to the existing and emerging diversity
by empowering human beings, who indeed are the right-holders of freedom of
religion or belief. This consistent focus on human beings as right -holders is also
fully in line with the human rights-based approach in general.
12. Human rights are universal rights in the sense of being intimately linked to the
humanness of the human being and hence of all human beings equally. In the first
sentence of article 1 of the Universal Declaration of Human Rights, it is stated that:
“All human beings are born free and equal in dignity and rights ”. Because of its
nature as a universal human right, to which all human beings are entitled, freedom
of religion or belief must be interpreted broadly. It cannot be confined to particular
lists of religious or belief-related “options” predefined by States, within which
people are supposed to remain. Instead, the starting point must be the self -definition
of all human beings in the vast area of religions and beliefs, which includes
identity-shaping existential convictions as well as various practices connected to
such convictions. In paragraph 2 of its general comment No. 22 (1993) on the right
to freedom of thought, conscience and religion, the Human Rights Committee
corroborated such an open, inclusive understanding by clarifying that article 18 of
the International Covenant on Civil and Political Rights protects theistic, non -theistic
and atheistic beliefs, as well as the right not to profess any religion or belief, and
that the terms “belief” and “religion” are to be broadly construed. The Human
Rights Committee also stressed that article 18 is not limited in its application to
traditional religions or to religions and beliefs with institutional characteristics or
practices analogous to those of traditional religions. One should add th at freedom of
religion or belief also covers the rights of members of large and small communities,
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