A/HRC/19/60
IV. Conclusions and recommendations
67.
The concept of State recognition has many repercussions in the field of freedom
of religion or belief. It is important to clearly distinguish different meanings within
that concept in order avoid possible misunderstandings which could negatively affect
the implementation of freedom of religion or belief, or even undermine its status as a
universal human right.
68.
The Special Rapporteur has proposed differentiation between three relevant
meanings of recognition pertinent to freedom of religion or belief: (a) “recognition” in
the sense of due respect for the status of all human beings as right holders by virtue of
their inherent dignity; (b) “recognition” in terms of States providing for the possibility
of obtaining the status of legal personality, which religious or belief groups typically
need for the exercise of important communitarian aspects of their freedom of religion
or belief; and (c) “recognition” in the sense of States according a specific privileged
status position to some religious or belief communities.
69.
The Special Rapporteur would like to emphasize that States have obligations
related to all of the above-mentioned meanings of recognition.
70.
In keeping with the universalistic understanding of human rights, States must
ensure that all individuals can enjoy their freedom of thought, conscience, religion or
belief on the basis of respect for their self-understanding in this entire area. Respect
for freedom of religion or belief as a human right does not depend on administrative
registration procedures, as freedom of religion or belief has the status of a human
right, prior to and independent from any acts of State approval.
71.
Furthermore, States should offer appropriate options for religious or belief
communities to achieve the status of legal personality on a domestic level, a status
needed for undertaking important community functions relevant for the full exercise
of freedom of religion or belief. Registration procedures for obtaining legal
personality status should be quick, transparent, fair, inclusive and nondiscriminatory.
72.
Moreover, if States decide to provide for specific status positions connected
with particular financial and other privileges, they should make sure that such a
specific status does not amount to de jure or de facto discrimination against members
of other religions or beliefs. With regard to the concept of an official “State religion”,
the Special Rapporteur would argue that it seems difficult, if not impossible, to
conceive of an application of this concept that in practice does not have adverse effects
on religious minorities, thus discriminating against their members.
73.
From the above considerations, the Special Rapporteur would like to make the
following recommendations:
(a)
States should systematically ground any activities in the area of religion
or belief in a clear understanding of the due respect for every person’s freedom of
religion or belief as a universal human right based on the inherent dignity of all
members of the human family;
(b)
States should refrain from exercising pressure on religious or belief
groups whose members prefer not to be registered as legal entities under domestic
law;
(c)
States should instruct members of law enforcement and other State
agencies that religious activities of non-registered religious or belief communities are
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