A/HRC/19/60
United Nations
General Assembly
Distr.: General
22 December 2011
Original: English
Human Rights Council
Nineteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on freedom of
religion or belief, Heiner Bielefeldt
Summary
In the present report, the Special Rapporteur on freedom of religion or belief gives
an overview of the mandate activities since the submission of the previous report to the
Human Rights Council (A/HRC/16/53).
The Special Rapporteur then addresses the theme of freedom of religion or belief
and recognition issues. Given many misunderstandings concerning the meaning of
“recognition” and the role of the State in this respect, the Special Rapporteur has decided to
put a thematic focus on this issue in the present report. He distinguishes between three
different meanings of recognition: (a) “recognition” in the sense of the 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 may 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.
In his conclusions and recommendations, the Special Rapporteur notes the
importance of clearly distinguishing between the different meanings within the concept of
State recognition, in order to avoid possible misunderstandings that could negatively affect
the implementation of freedom of religion or belief, or even undermine its status as a
universal human right. Consequently, States must ensure that all individuals can enjoy their
freedom of thought, conscience, religion or belief on the basis of respect for their inherent
human dignity. Respect for freedom of religion or belief as a human right does not depend
on administrative registration procedures, as it has the status of a human right, prior to and
independent of any acts of State approval. States should furthermore offer appropriate
options for religious or belief communities to achieve the status of legal personality, which
may be needed to undertake important community functions relevant for the full enjoyment
of freedom of religion or belief, which is a right of individuals to be exercised either alone
or together with others. Registration procedures for obtaining legal personality status
GE.11-17541