A/HRC/19/60 and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.12 Only can such an open and broad understanding do justice to the real diversity existing among human beings, all of whom are rights holders in the context of universal human rights. C. Fair provision of legal personality status 40. The second dimension of “recognition” relevant in the field of freedom of religion or belief pertains to the status of a legal personality, which religious or belief communities may require to be able to exercise important collective functions. Many States have registration procedures to award legal personality status to religious or belief communities. However, some registration practices actually limit the right to freedom of religion or belief of certain communities (see subsection 1 below), thus leading to huge difficulties for organizing their community life with a long-term perspective (see subsection 2). Consequently, it seems vital that the State implements any existing registration procedures in a fair and non-discriminatory manner and in the service of the human right to freedom of religion or belief (see subsection 3). 1. Issues pertaining to registration procedures 41. Freedom of religion or belief is a right held by all human beings because of their inherent dignity. According to article 18, paragraph 1 of the International Covenant on Civil and Political Rights this includes the freedom, “either individually or in community with others and in public or private, to manifest [their] religion or belief in worship, observance, practice and teaching”. The possibility of engaging in various forms of community activities thus clearly falls within the scope of freedom of religion or belief. Thus registration should not be compulsory, i.e. it should not be a precondition for practising one‟s religion, but only for the acquisition of a legal personality status. Some of the collective activities of religious or belief communities typically require the status of a legal personality in the sense of becoming recognized as a legal entity with corporative legal responsibilities and corporative legal options. 42. While the axiomatic status position of human beings as rights holders in the area of freedom of religion or belief has a normative rank prior to, and independent of, any administrative procedures, some such procedures are generally required as a prerequisite for groups obtaining the status of a legal personality. For instance, those wishing to be registered as a legal personality typically have to provide some certified information about membership, organization, the purpose of the group or the structure of internal responsibility. This sort of information may be needed for the administration to take a decision on the attribution of legal personality status. 43. Such an administrative decision should not be misconceived as an act of mercy, however. Under international law, States are obliged to take an active role in facilitating the full enjoyment of human rights, including freedom of religion or belief. By not providing appropriate legal options that, de jure and de facto, are accessible to all religious or belief groups interested in obtaining a legal personality status, States would fail to honour their obligations under the human right to freedom of religion or belief. 12 12 See reports on the implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, E/CN.4/1990/46, para. 110, and E/CN.4/1997/91, para. 99; and report of the Special Rapporteur on freedom of religion or belief, A/HRC/4/21, paras. 43–47.

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