A/HRC/55/47/Add.2
V. Main findings of the visit
A.
Pressure on the public manifestation of religion or belief
28.
Article 18 of the Universal Declaration of Human Rights and article 18 of the
International Covenant on Civil and Political Rights enshrine the universal right to freedom
of thought, conscience, religion or belief. In its general comment No. 22 (1993), the Human
Rights Committee interprets article 18 of the Covenant.
29.
This fundamental right includes the right to have, retain or change one’s theistic, nontheistic, atheistic or non-religious beliefs (forum internum); and the right, either individually
or in community with others and in public or private, to manifest one’s religion or belief in
worship, observance, practice and teaching (forum externum). The two aspects of the right
are interdependent; both protect people in their ability to believe, to exchange views on those
beliefs, to shape religious and non-religious convictions, and allow people to live their lives
according to their conscience.
30.
The freedom to manifest religion or belief encompasses a broad range of acts,
including ritual and ceremonial acts giving direct expression to belief, the building of places
of worship, the wearing of distinctive clothing or head coverings, participation in rituals
associated with certain stages of life, the freedom to choose religious leaders, priests and
teachers, the freedom to establish seminaries or religious schools, and the freedom to prepare
and distribute religious texts or publications,5 and is elaborated further in article 6 of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief. The freedom to manifest religion or belief can only be limited under the
very strict criteria listed in article 18 (3) of the International Covenant on Civil and Political
Rights.
31.
The Special Rapporteur found the understanding of religion and belief in Sweden
almost exclusively focused on the dimension of the person’s inner conviction. This seems to
echo a Lutheran understanding of redemption through faith alone (sola fide) but, from the
perspective of other traditions, is unduly restrictive. The ban on ritual slaughter without prior
stunning of or administration of anaesthetics to the animal, and public demands to outlaw
religiously motivated circumcision of male infants, serve as examples.
32.
The difficulties that Jews and Muslims face in exercising their religious rites in
relation to ritual slaughter of animals and male circumcision are possible examples of an
overly narrow understanding of what manifestation of religion can entail. Some Muslim
groups and the Official Council of Swedish Jewish Communities consider the law requiring
stunning of, or administration of anaesthetics to, animals prior to slaughter in conflict with
their religious practices. They note that the need to import halal and kosher foods is very
costly for their communities. With regard to male circumcision, the current law stipulates
that it may be performed only by a licensed doctor6 or, for boys under the age of two months,
by a person certified by the Health and Social Care Inspectorate, which certifies circumcisers,
including mohels (individuals who perform the Jewish rite of circumcision), and requires the
presence of a doctor who must administer anaesthesia to the infant. The National Board of
Health and Welfare is reportedly mapping and discussing the need for revision of the
regulations.
33.
Calls for the banning of religiously motivated male circumcision, especially on social
media, have been highly polarizing and paradigmatic of anti-minority societal discourse.
Members of religious minorities reported experiencing hostility and the lack of a safe arena
for communication, whether in relation to religious practices, public manifestations of
religion, or highly negative stereotypes, for example of Muslims, who are often associated
with terrorism and with discrimination against women. Such silent suffering, on a daily basis,
results in feelings of alienation from the rest of society. In order to prevent cultural clashes
and promote mutual understanding, it is imperative that more dialogue is encouraged between
members of different religions and between those with and without a religious belief. A
5
6
6
Human Rights Committee, general comment No. 22 (1993).
Act on Circumcision of Boys (2001:499).
GE.24-04001