A/60/399
“Article 18.2 bars coercion that would impair the right to have or adopt a
religion or belief, including the use of threat of physical force or penal
sanctions to compel believers or non-believers to adhere to their religious
beliefs and congregations, to recant their religion or belief or to convert.
Policies or practices having the same intention or effect, such as, for example,
those restricting access to education, medical care, employment or the rights
guaranteed by article 25 and other provisions of the Covenant, are similarly
inconsistent with article 18.2” (general comment No. 22, para. 5).
51. The Special Rapporteur notes that there is a clear prohibition under
international human rights law of coercion to change or maintain one’s religion. She
also draws attention to the fact that the term “coercion” in article 18, paragraph 21,
is to be broadly interpreted and includes pressure applied by a State or policies
aiming at facilitating religious conversions. In the case Kang v. Republic of Korea,
the Human Rights Committee found the “ideology conversion system” as well as the
succeeding “oath of law-abiding system” to be in violation of article 18,
paragraph 1, of the Covenant.2
52. The same is true, mutatis mutandis, for prohibition of conversions. Since the
choice of religion or belief is part of the forum internum, which allows for no
limitations, a general prohibition of conversion by a State necessarily enters into
conflict with applicable international standards. A law prohibiting conversion would
constitute a State policy aiming at influencing individual’s desire to have or adopt a
religion or belief and is therefore not acceptable under human rights law. A State
also has the positive obligation of ensuring the freedom of religion or belief of the
persons on its territory and under its jurisdiction.
53. In the cases where non-State actors interfere with the right to “have or adopt a
religion or belief of [one’s] choice”, the requirements of article 18 of the Covenant
and other relevant international instruments also entail a positive obligation for the
State to protect persons from such interference. The Special Rapporteur wishes to
re-iterate in this regard that States must ensure that the persons on their territory and
under their jurisdiction, including members of religious minorities, can practise the
religion or belief of their choice free of coercion and fear. If non-State actors
interfere with this freedom, and especially the freedom to change or to maintain
one’s religion, the State is obliged to take appropriate measures to investigate, bring
the perpetrators to justice and compensate the victims (see also E/CN.4/2005/61,
para. 42).
54. Finally, the Special Rapporteur notes that with regard to children, the choice of
religion is restricted by the parents’ rights to determine their child’s religion up to an
age where the child is capable of doing so on his/her own, in accordance with article
18, paragraph 4, of the Covenant.
3.
Missionary activities and the propagation of religion
55. In the context of several reports submitted to the Special Rapporteur, in
particular after the period following the tsunami which occurred on 26 December
2004 in the Indian Ocean, numerous questions have arisen in relation to missionary
activities as well as humanitarian efforts and development activities carried out by
groups or organizations affiliated with particular religions. In many cases, it was
reported that people, mainly from the poorest parts of the population, have been
induced to convert by various means, including material benefits. In some places,
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