A/HRC/58/49
internum). However, the manifestation of freedom of religion or belief can, in exceptional
circumstances, be limited following strict tests of legality, legitimacy and necessity. 31
3.
Soft law
21.
Apart from the Universal Declaration of Human Rights, 32 most soft law documents
related to freedom of religion or belief only have indirect passages pertaining to torture and
ill-treatment. For example, there is no direct mention of such acts in the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief,
although intolerance may lead to torture, as explained by Special Rapporteurs. 33 The Human
Rights Committee, in its general comment No. 22 (1993), does not refer to torture or
ill-treatment, but clarifies that persons deprived of liberty (who are more vulnerable to torture
and ill-treatment) “continue to enjoy their rights to manifest their religion or belief to the
fullest extent compatible with the specific nature of the constraint”.34
22.
A few resolutions also contain mention of the connection between freedom of religion
or belief and the prohibition of torture and ill-treatment. For instance, in its resolution 77/221,
the General Assembly addressed both rights by urging States to step up their respect for the
former and ensure that no one in their jurisdiction was subjected to the latter, “and to bring
to justice all perpetrators of violations of these rights”.35
23.
Guidelines related to the prohibition of torture and ill-treatment offer some basic
standards to help States prevent these acts and, in doing so, to avoid interfering with the right
to freedom of religion or belief. Four documents are particularly relevant in this area: the
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules),36 the Manual on the Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), as revised, 37 the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty 38 and the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok Rules). 39
24.
The Beirut Declaration on Faith for Rights and its 18 Commitments on Faith for
Rights also provide relevant guidance for faith-based actors to understand the nexus between
these rights, and affirm their importance. 40 Faith-based actors, for instance religious or
humanist chaplains, can play a pivotal role in reporting torture and ill-treatment in places of
deprivation of liberty, so it is vital that they are aware of existing frameworks for the
protection of human rights.
B.
Thresholds
25.
The prohibition of torture and other cruel, inhuman or degrading treatment or
punishment (ill-treatment) indicates the existence of different levels of severity of torturous
or degrading acts. While the distinction can be relevant for the determination of preventive
measures or reparations to victims, it is important to emphasize that all forms of ill-treatment
are absolutely prohibited, in the same manner as torture.
26.
Most supervisory bodies consider that the difference between different concepts of
torture and ill-treatment can only be established in practice. The Committee against Torture
has explained that “the definitional threshold between ill-treatment and torture is often not
31
32
33
34
35
36
37
38
39
40
6
International Covenant on Civil and Political Rights, arts. 7 and 18; European Convention on Human
Rights, arts. 3 and 9; American Convention on Human Rights, arts. 5 (2) and 12; and African Charter
on Human and Peoples’ Rights, arts. 5 and 8.
Universal Declaration of Human Rights, arts. 5 and 18.
See, for example, E.CN.4/1987/35.
Para. 8.
Para. 14 (c). This resolution was adopted by consensus (A/77/PV.54, p. 19).
Rules 65 and 66.
Especially sects. IV and VI.
Para. 48.
Rule 54.
A/HRC/40/58, annex II, commitments I and XV.
GE.24-24412