A/HRC/25/58
35.
Moreover, as the Human Rights Committee has pointed out in its general comment
No. 22 (1993), freedom of religion or belief applies to a broad variety of convictions and
conviction-based practices, beyond any predefined lists of “classical” religions. In the
words of the Committee: “Article 18 protects theistic, non-theistic and atheistic beliefs, as
well as the right not to profess any religion or belief. The terms belief and religion are to be
broadly construed. 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.”8
2.
Trust-building through public institutions
36.
Sustainable trust within a society presupposes an infrastructure of public institutions
operating in the interest of all. In connection with other human rights, freedom of religion
or belief is important for the progressive development of society and requires the
development of public institutions at international, regional and national levels. These
institutional implications of the right to freedom of religion or belief constitute an important
aspect of its comprehensive trust-building function in society.
37.
Under international law, States serve as the formal guarantors of human rights,
including freedom of religion or belief. In order to operate as trustworthy guarantors of
freedom of religion or belief for everyone, States should provide an open, inclusive
framework in which religious or belief pluralism can unfold freely and without
discrimination. This requires overcoming any exclusivist settings. Above all, what must be
overcome is an understanding in which the State identifies itself with one particular religion
or belief at the expense of an equal and non-discriminatory treatment of followers of other
persuasions. Such exclusivist settings do not only occur in States which have formally
embraced an official religion or a State religion. Even in many supposedly religiously
neutral or secular States, Governments may be tempted to invoke one particular religion as
the basis of its political legitimacy or with the purpose of mobilizing followers by tapping
into emotions of religious loyalty. Ample experience demonstrates that the use of religion
in the context of national identity politics always harbours increased risks of discrimination
against minorities, in particular against members of immigrant religious communities or
new religious movements, who often are stigmatized as allegedly endangering national
cohesion. As elaborated above, this can become the breeding ground for manifestations of
collective religious hatred stoked by State agencies, non-State actors or a combination of
both.
38.
International human rights law does not prescribe one particular model of how the
relationship between State and religion should be organized, and State religions or official
religions are not per se prohibited under international human rights law. However, as the
Human Rights Committee has pointed out, States should ensure that having an official
religion — or making reference in constitutional or legal provisions to the historical role of
a particular religion — does not lead to a de jure or de facto discrimination against
members of other religions and beliefs. In its general comment No. 22, the Committee
insisted that “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,
including articles 18 and 27, nor in any discrimination against adherents of other religions
or non-believers.”9
8
9
10
General comment No. 22, para. 2.
Ibid., para. 9.