E/CN.4/1987/35
page 18
without justification. The restrictions on the training of religious leaders
can lead to a serious shortage of clergymen. This sometimes brings about an
increased dependence on the part of certain religious groups on "lay brothers"
for taking charge of individual parishes. However, these "lay brothers" are
not always officially recognized by the authorities, and as a result
proceedings may be instituted for unlawful observances.
57. The freedom to observe days of rest and to celebrate holidays and
ceremonies in accordance with the precepts of one's religion or belief
(art. 6 (h)) is particularly significant since it allows the faithful to
perform a series of ceremonies and religious customs that often have cultural
and traditional connotations, it is precisely this cultural aspect that is
often viewed with suspicion by the authorities and combated by them. Thus, in
one country, the religious practice of the circumcision of male children is
not permitted; similarly, obstacles are placed in the way of religious
traditions such as the celebration of marriage and funeral ceremonies
according to the rites of a religion. In another country, certain rites and
ceremonies peculiar to tribal religions have been banned. Elsewhere, it is
extremely difficult in practice for the followers of a certain religion to
bury their dead in accordance with religious ritual. Sometimes a conflict of
interest is visible between religious requirements and health requirements,
particularly in the case of children. Thus, in one country, the courts
decided in certain cases against ritual practices when the latter were
believed to constitute a direct danger to children's lives. On occasion, the
conflict arises from the fact that the authorities fail to take account, in
certain areas, of religious requirements concerning days of rest. In one
country, a petition was presented to the authorities to enable the members of
a sect to be exempted from sitting for examinations on a certain week-day
considered by their faith as a complete day of rest, to which the authorities
agreed.
58. Finally, the freedom to establish and maintain communications with
individuals and communities in matters of religion or belief at the national
and international levels (art. 6 (i)) is also sometimes disregarded by the
authorities who, as mentioned earlier in chapter IV, section A.3, tend in some
cases to equate members of communities who maintain communications with
individuals or communities on religious matters at the international level
with "foreign agents". Also at the national level, certain countries forbid
conferences of a religious nature or sermons preached in public for which
official permission has not been sought, or place obstacles in the way of
various contacts established by believers with a view to propagating their
religious faith. Another example of restriction is that placed on the holding
of congresses at the local or national levels; thus, in a particular country,
such congresses which, by law, may be convened by special permission, in
effect take place only very infrequently.
2.
Discriminatory treatment on the grounds of religion
or belief (arts. 2 and 3 of the Declaration)
59. Article 2 of the Declaration prohibits discrimination on the grounds of
religion or belief towards anyone by any State, institution, group of persons
or persons. Intolerance and discrimination based on religion or belief are
defined, in the Declaration as "any distinction, exclusion, restriction or
preference based on religion or belief and having as its purpose or as its
effect nullification or impairment of the recognition, enjoyment and exercise