A/HRC/19/60
30.
As a universal human right, the right to freedom of thought, conscience, religion or
belief must be interpreted strictly in keeping with the opening sentence of the Universal
Declaration of Human Rights and similar provisions. Hence it is not that the State could
“grant” certain individuals or groups of individuals this right. Rather, it is the other way
around: the State has to respect everyone‟s freedom of religion or belief as an inalienable –
and thus non-negotiable – entitlement of human beings, all of whom have the status of right
holders in international law by virtue of their inherent dignity.
31.
Hence the starting point for defining the application of freedom of religion or belief
must be the self-understanding of human beings – all of them – in the field of religion or
belief. Such self-understandings obviously can be very diverse. As the Human Rights
Committee has rightly pointed out, freedom of religion or belief should therefore be
broadly construed so as to protect “theistic, non-theistic and atheistic beliefs, as well as the
right not to profess any religion or belief”. 8 Already in a study published in 1960, the then
Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection
of Minorities, Arcot Krishnaswami, stated that “the term „religion or belief‟ is used in this
study to include, in addition to various theistic creeds, such other beliefs as agnosticism,
free thought, atheism and rationalism”. 9
32.
The Special Rapporteur subscribes to this wide understanding, which appropriately
reflects respect for the status of all human beings as rights holders by virtue of their human
dignity. He furthermore would like to reiterate that freedom of religion or belief equally
includes followers of traditional and non-traditional religions or beliefs, members of large
or small communities, minorities and minorities within minorities, converts or re-converts
and dissenters or other critical voices. One must also not forget the rights of women, who
continue to have only marginalized positions within many religious traditions.
33.
The Special Rapporteur has noted with concern, however, that some States seem to
limit freedom of religion or belief to a given list of religious options. For instance, while in
a number of States only the followers of monotheistic religions can fully enjoy their
religious freedom, other States take concepts like “traditional religions”, “patriotic religious
associations” or “known religions” as the starting point, with the result that members of
lesser known, new or alternative communities are officially excluded from the full and
equal protection of their freedom of religion or belief or are discriminated against. In some
countries, the enjoyment of freedom of religion or belief is limited to mainstream
manifestations of religions, at the expense of members of so called “heterodox” currents
within those religions. Other States have resorted to a differentiation between “religions”
and “sects” to exclude members of small communities from the protection of freedom of
religion or belief. The Special Rapporteur also regrets that a few States still make
citizenship dependent on affiliation with a particular religion or deny members of nonrecognized religions access to official documents such as identity cards, passports, birth
certificates and marriage licences.10 However, the Special Rapporteur has noted with
appreciation that judgments of domestic courts in a State have ended a discriminatory
policy of not issuing official documents to individuals who do not belong to the three
religions officially recognized by that State.11
8
9
10
11
10
Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought,
conscience and religion, para. 2; the same formulation was also used in the Final Document of the
International Consultative Conference on School Education in relation to Freedom of Religion or
Belief, Tolerance and Non-Discrimination (E/CN.4/2002/73, appendix, footnote 1).
Study of Discrimination in the Matter of Religious Rights and Practices, document
E/CN.4/Sub.2/200/Rev.1, p. 1, footnote 1.
See interim report of the Special Rapporteur on freedom of religion or belief, A/63/161, paras. 27–36.
See interim report of the Special Rapporteur on freedom of religion or belief, A/65/207, para. 25.