A/HRC/52/38
should be condemned by all actors at every level of society. 6 International law rejects any
attempt to use either religion or belief, or freedom of religion or belief, as justification for the
destruction of either the rights and freedoms of others or of other rights and freedoms. While
the myriad violations that occur in the name of religion or belief can in no way be downplayed,
recognition has also been given to the potential role that inspiration, volition and action,
drawing from religion or belief, can play in advancing respect for the human rights of each
and every person.7 In this vein, the Forum on Minority Issues encouraged States, the United
Nations, international and regional organizations and civil society organizations to work
closely in supporting the positive contributions of faith‑based actors. 8 In line with the
understanding that human rights are interrelated and interdependent, the mandate holder will
seek to highlight violations of other human rights and the rights of others, in the name of
religion or belief, while also acknowledging that religion or belief can, in fact, strengthen
respect for human rights.
8.
These three key dimensions of the work will be referred to as the three dimensions of
freedom of religion or belief.
II. Landscape of freedom of religion or belief
9.
The core of respect for the freedom of religion or belief can, for impetus and
inspiration, be traced back to many civilisations, religions and belief systems, and cultures.
The early antecedents of the core value of respecting the realm of conscience is reflected in
ancient Indigenous cultures and in the Persian empire, and many other sources, religious or
otherwise, throughout millenniums and into more recent times.
10.
Even when we consider the shapers and drafters of the Charter of the United Nations,
the Universal Declaration of Human Rights and more recent human rights instruments, they
drew from a wide range of religions and beliefs, cultures and civilizations from the North,
South, East and West. Wholesale claims of the Western origins of human rights need to be
rethought in the light of these facts; indeed, one may equally claim that they are Eastern in
origin. Former United Nations High Commissioner for Human Rights, Michelle Bachelet,
recognized that “deeper exploration of the ethical and spiritual foundations provided by
religions and beliefs can help to debunk the myth that human rights are solely Western
values”.9
11.
The mandate’s focus is on freedom of thought, conscience, religion and belief, as
upheld in international human rights instruments. It has a legal and normative imperative to
which the international community has given sustained attention since the founding of the
United Nations. Although it is not the subject matter of a specific international human rights
treaty, it carries the weight of that protection when considered in the light of numerous
binding and compelling standards upholding this freedom at every level, along with
jurisprudential clarification and 36 years of practice under the mandate.
12.
The international community’s engagement with freedom of religion or belief was
substantively enriched by the Study of Discrimination in the Matter of Religious Rights and
Practices conducted by the Special Rapporteur of the Sub-Commission on Prevention of
Discrimination and Protection of Minorities, Arcot Krishnaswami, in 1960. 10 He provided a
compelling argument for the obligation to uphold freedom of religion or belief in and of itself
and as a value in its own right. He also recognized that it was necessary to societal harmony,
stressing that public authorities had a responsibility to cut at the very roots of intolerance and
6
7
8
9
10
GE.23-00741
See https://www.ohchr.org/en/statements/2022/08/condemn-abuse-religion-or-belief-tooldiscrimination-and-violence-un-experts-and.
See https://www.ohchr.org/en/faith-for-rights.
A/HRC/49/81, para. 58.
See https://www.ohchr.org/en/statements/2019/04/global-summit-religion-peace-andsecurity?LangID=E&NewsID=24531.
E/CN.4/Sub.2/200/Rev.1.
3