A/HRC/19/60
48.
It may be even more difficult to establish institutions of higher education, including
theological training institutes, which are vital to intellectually further develop and convey
the tenets of a faith to the next generation. This may seriously hamper the freedom to teach
a religion or belief in places suitable for these purposes and the freedom to train appropriate
leaders called for by the requirements and standards of any religion or belief.15 In some
situations, the denial of legal personality status might jeopardize the long-term survival
chances of a religious or belief community.
49.
In addition, if communities do not enjoy legal personality status, their members may
encounter administrative problems with regard to making, acquiring and using to an
adequate extent the necessary articles and materials related to the rites or customs of their
religion or belief.16 This may also negatively affect their opportunities of celebrating
holidays and ceremonies in accordance with the precepts of their religion or belief. 17
50.
Moreover, religious or belief communities lacking legal personality status are barred
from employing staff in an official manner. People serving for the community either have
to do this on a purely voluntary basis or conclude working contracts with a private
employer, which again is a situation detrimental to any long-term planning. Yet, the right to
freedom of thought, conscience, religion or belief includes, inter alia, freedom to establish
and maintain appropriate charitable or humanitarian institutions.18
51.
Another problem concerns the establishment of radio stations or other media. In the
absence of the status of a legal personality, it would again require individual members of
the community to take all the financial responsibilities and risks in their private capacities.
It seems clear that media work is extremely complicated under such conditions. This,
however, will most likely have negative effects on the possibilities to reach out to parts of
the community living in remote areas or in other countries and to participate in public
debates. However, international human rights law also protects the freedom to write, issue
and disseminate relevant publications and the freedom to establish and maintain
communications with individuals and communities in matters of religion and belief at the
national and international levels.19
3.
Provision of fair and non-discriminatory registration procedures
52.
The above-mentioned practical problems and their human rights implications show
that a lack of legal personality status may adversely affect virtually the whole catalogue of
manifestations protected under the non-exhaustive list in article 6 of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
Furthermore, the Human Rights Council and the General Assembly have repeatedly urged
States to step up their efforts to protect and promote freedom of thought, conscience and
religion or belief and, to this end “to review, whenever relevant, existing registration
practices in order to ensure that such practices do not limit the right of all persons to
manifest their religion or belief, either alone or in community with others and in public or
private”.20
15
16
17
18
19
20
14
Art. 6 (e) and (g) of the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.
Ibid., art. 6 (c).
Ibid., art. 6 (h).
Ibid., art. 6 (b).
Ibid., art. 6 (d) and (i).
Human Rights Council resolution 16/13 and General Assembly resolutions 63/181, 64/164 and
65/211. See also Human Rights Council resolution 6/37 and General Assembly resolutions 60/166
and 61/161.