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religion when it stipulates that "Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind ...".
The right to freedom of thought, conscience and religion is proclaimed in
article 18 of the Universal Declaration, which qualifies it as follows:
"... this right includes freedom to change his religion or belief, and
freedom, either alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice,
worship and observance."
4.
The International Covenants on Human Rights also contain provisions
concerning freedom of conscience and religion. Reference may be made in this
connection to article 18 of the International Covenant on Civil and
Political Rights, which proclaims the right to freedom of thought, conscience
and religion, to article 4, paragraph 2 of the Covenant which makes this right
a fundamental one by allowing no derogation from it, and to article 13 of the
International Covenant on Economic, Social and Cultural Rights, paragraph 1 of
which stipulates that "... education shall ... promote understanding,
tolerance and friendship among all nations and all racial, ethnic or religious
groups ...", and, in paragraph 3 binds States parties to have respect for the
liberty of parents "... to ensure the religious and moral education of their
children in conformity with their own convictions".
5.
Other international human rights instruments also have provisions
relating to the struggle against intolerance and discrimination in matters of
religion or belief, in particular the International Convention on the
Elimination of All Forms of Racial Discrimination, the ILO Convention on
Discrimination in Respect of Employment and Occupation, and the
UNESCO Convention against Discrimination in Education.
6.
In 1962, the General Assembly endorsed for the first time the idea of a
United Nations instrument specifically addressing the question of the
elimination of all forms of intolerance and discrimination based on religion
or belief. At that time, two separate documents were envisaged, a declaration
and an international convention.
7.
In 1972, the General Assembly decided to accord priority to the
completion of the Declaration before resuming consideration of the draft
International Convention. From 1974, the Commission on Human Rights
considered the question of the draft Declaration at each of its annual
sessions until 1981 when it adopted the text of a draft Declaration submitted
to the General Assembly the same year through the Economic and Social Council.
8.
On 25 November 1981, the General Assembly proclaimed the Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, in which the Assembly, considering that it was essential
"to promote understanding, tolerance and respect in matters relating to
freedom of religion and belief", resolved to "adopt all necessary measures for
the speedy elimination of such intolerance in all its forms and manifestations
and to prevent and combat discrimination on the ground of religion or belief".
9.
Although the 1981 Declaration is not binding at the strictly legal level,
it may nevertheless be considered as a morally binding instrument for the
States which have acceded to it. Moreover, the Declaration explains in detail
what is meant by the right to freedom of thought, conscience and religion, a