A/71/269
minorities and minorities within minorities, traditionalists and liberals, converts and
reconverts, dissenters and other critical voices and, last but not le ast, women, who
sadly still occupy marginalized positions within many religious traditions.
13. Widely-used abbreviations such as “religious freedom” or “religious liberty”
do not fully capture the scope of the human right at issue. Even the term “freedom
of religion or belief”, which for ease of reference has generally been employed by
the Special Rapporteur and his predecessors, remains a shorthand formulation.
Hence, it may be useful from time to time to recall the full title of the right, which is
“freedom of thought, conscience, religion or belief”. Legislation and jurisdiction in
many States do not adequately reflect the full scope of this human right by often
restricting its application to predefined types o f religions while excluding
non-traditional beliefs and practices. Limiting the enjoyment of freedom of religion
or belief to members of “recognized” religions is also in violation of the spirit and
letter of universal human rights.
2.
The primacy of freedom and scope of permissible limitations
14. Freedom of religion or belief is a multifaceted right. It empowers human
beings in the entire sphere of religious and non-religious convictions, consciencebased positions and religious practices, which may be exercised by individuals alone
and/or in community with others. This includes, inter alia, the free development of
religious or belief-related identities, bearing witness to one’s existential conviction
by freely communicating with fellow believers or other persons, the autonomous
organization of religious community life, the intergenerational transmission of
religions or beliefs, various infrastructural aspects, such as the running of schools or
charitable organizations, and other aspects. Moreover, just as individuals are free to
remain within their religious tradition, they are also free to reconsider their faith,
express personal doubts and adopt a new religion or belief.
15. It is in this spirit of freedom that the right to freedom of religion or belief
covers all aspects of religious and belief-related life: not only the “believing”, but
also the “belonging” and the “behaving”, that is, individual and community
practices connected with convictions and traditions. Manifestations can take place
in private, as well as in public. While individuals have the right to publicly manifest
their religious or belief orientation alone or together with others, they also have the
right to keep their convictions to themselves. Moreover, no one can be genuinely
free to do something unless he or she is also free not to do it, and vice versa. That is
why freedom of religion or belief also covers the freedom not to profess a religion
or belief, not to attend acts of worship and not to participate in community life.
16. The Special Rapporteur has often heard statements by government
representatives that freedom of religion or belief, like any other right, “cannot be
absolute” and sometimes must be limited in its application. This is a truism and
indeed a dangerous one, since the general invocation of limitations can easily
become a pretext for imposing far-reaching or arbitrary restrictions. Many
Governments actually refer to broad and unspecified “security”, “order” or
“morality” interests in order to curb religious criticism, discriminate against
minorities, tighten control over independent religious community life or otherwise
restrict freedom of religion or belief, often in excessive ways.
17. The Special Rapporteur therefore would like to reiterate that the relationship
between a human right to freedom and its limitations must remain a relationship
6/22
16-13296