A/HRC/61/50/Add.1 detailed than provided for in article 18 of the International Covenant on Civil and Political Rights and is closer to some of the specifics provided for in article 6 of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, which is welcomed. 44. Thirdly, the limitation regime of article 19 of the Constitution does not specify that it relates only to manifestation of freedom of religion or belief. This leaves the right to have, adopt and change religion or belief (the forum internum aspect) and the absolute core which must never be interfered with, potentially subject to restriction. Furthermore, the Constitution’s reference to “reasonably required” and “shown not to be reasonably justified in a democratic society” falls short of the wording “only … such limitations as are prescribed by law and … necessary to protect” in the Covenant. 45. Lastly, the Constitution makes the freedom of religion or belief of a minor rest on the “consent” of the guardian, as regards receiving religious education or taking part in or attending “any religious ceremony or observance” other than his or her own. This departs from the upholding of the right of the child to freedom of thought, conscience and religion, enshrined in the Convention on the Rights of the Child37 to which Zambia is a Party. 46. In short: the obligations by which Zambia is bound under the International Covenant on Civil and Political Rights and other international human rights treaties, the breadth of manifestation of freedom of religion or belief as outlined in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, of 1981, the categorical protection of the Covenant’s article 18 (1) and (2) rights without any limitation or coercion, the specificities of the limitations regime under article 18 (3) of the Covenant, and the complementing of article 18 (4) of the Covenant by article 14 of the Convention on the Rights of the Child, require careful note. D. Discrimination on the basis of religion or belief 47. Article 266 of the Constitution of Zambia defines “discrimination” as directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status. However, the Special Rapporteur notes with concern that Zambia has not yet enacted a general prohibition against discrimination. 48. In contrast, the definition of intolerance and discrimination on the basis of religion or belief in article 2 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, of 1981, is broader 38 and specifies that discrimination may stem from “any State, institution, group of persons, or person”, and that it is more broadly defined as “any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis”.39 This broad understanding of discrimination on the basis of religion or belief was not reflected in the understanding of the actors that the Special Rapporteur engaged with during her visit. 49. Article 18 of the International Covenant on Civil and Political Rights is interpreted by the Human Rights Committee in its general comment No. 22 (1993). “The fact that a religion is recognized as a State religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant … nor in any discrimination against adherents of other religions or non-believers.” The Committee calls on States to inform it of measures taken “to protect the practices of all religions or beliefs from infringement and to 37 38 39 GE.26-02761 See art. 14. Available at https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-eliminationall-forms-intolerance-and-discrimination. Ibid., art. 2 (1) and (2). 9