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between rule and exception. No one has to justify the exercise of his or her freedom
of religion or belief, which, qua its nature as a universal human right, must be
respected as inherent in all human beings. The burden of justification rather falls on
those who deem limitations necessary. For limitations to be justifiable, they must
meet all of the criteria set out in article 18 (3) of the International Covenant on Civil
and Political Rights and other relevant norms of international human rights law.
Accordingly, limitations must be prescribed by law and they must be necessary to
pursue a legitimate aim: the protection of “public safety, order, health, or morals or
the fundamental rights and freedoms of others”. In addition, restrictions on
manifestations of religion or belief (in the forum externum) must remain within the
realm of proportionality, which means, inter alia, that they must be the least
restrictive among all the adequate measures that could be applied. The internal
dimension of freedom of thought, conscience, religion or belief ( forum internum)
even enjoys unconditional protection pursuant to article 18 (2) of the International
Covenant on Civil and Political Rights, in which it is stated that: “No one shall be
subject to coercion which would impair his freedom to have or to adopt a r eligion or
belief of his choice”.
18. Respect for freedom of religion or belief — or lack of such respect —
typically manifests itself in the ways in which Governments deal with grounds for
limitations. Unfortunately, the Special Rapporteur has frequently noticed loose and
overly broad invocations of grounds for limitations, which often seem to be
undertaken without due empirical and normative diligence. He would like to
reiterate paragraph 8 of general comment No. 22, in which the Human Rights
Committee insists “that paragraph 3 of article 18 is to be strictly interpreted:
restrictions are not allowed on grounds not specified there … Limitations may be
applied only for those purposes for which they were prescribed and must be directly
related and proportionate to the specific need on which they are predicated.
Restrictions may not be imposed for discriminatory purposes or applied in a
discriminatory manner”.
3.
Equality and non-discrimination
19. Freedom of religion or belief does not only prohibit undue encroachments on
the freedom of a person or a group of persons; it also prohibits discrimination —
that is, the denial of equality — on the basis of religion or belief. For example, in
article 2 of the Universal Declaration of Human Rights it is asserted that: “Everyone
is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status ”. Article 2 (1)
of the International Covenant on Civil and Political Rights extends the same
guarantee of non-discrimination to all individuals within the territory of a State
party and to those subject to its jurisdiction. 1 Furthermore, it is confirmed in
article 2 (1) of the 1981 Declaration that “no one shall be subject to discrimination
by any State, institution, group of persons or person on the grounds of religion or
belief”, thus the component of “belief” is also included. A strong message is sent in
article 3 of the 1981 Declaration, in which it is stated that: “Discrimination between
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1
16-13296
See Human Rights Committee, general comment No. 31 (2004), para. 10, and Heiner Bielefeldt,
Nazila Ghanea and Michael Wiener, Freedom of Religion or Belief: An International Law
Commentary (Oxford, Oxford University Press, 2016), pp. 573 -574.
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