A/HRC/52/38 25. Article 12 of the American Convention on Human Rights upholds that: (a) everyone has the right to freedom of conscience and of religion; this right includes freedom to maintain or to change one’s religion or beliefs, and freedom to profess or disseminate one’s religion or beliefs, either individually or together with others, in public or in private; (b) no one is to be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs; (c) freedom to manifest one’s religion and beliefs may be subject only to the limitations prescribed by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms of others; and (d) parents or guardians, as the case may be, have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions. Articles 1 (1) and 24 of the Convention address nondiscrimination and equal protection, with these being asserted as jus cogens 18 by the InterAmerican Court of Human Rights. 26. The Final Act of the Conference on Security and Cooperation in Europe 19 included the provision that the participating States would respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion. Within that framework, the participating States would recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his or her own conscience.20 27. Article 8 of the African Charter on Human and Peoples’ Rights provides that freedom of conscience, the profession and free practice of religion is guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of those freedoms. 28. Article 10 of the Charter of Fundamental Rights of the European Union, as adjudicated through the Court of Justice of the European Union, states that: (a) everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance; and (b) the right to conscientious objection is recognized, in accordance with the national laws governing the exercise of that right. Article 21 of the Charter upholds non-discrimination. The Council of the European Union conclusions on the right to freedom of religion or belief reiterate the strategic importance and priority of those freedoms in European Union human rights policy.21 The priorities22 of the European Union, and the tools for their pursuit, are outlined in the conclusions,23 and the interrelationship of that right with other rights24 is emphasized. 29. Article 12 of the United Nations Declaration on the Rights of Indigenous Peoples sets out that: (a) Indigenous Peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies, the right to maintain, protect and have access in privacy to their religious and cultural sites, the right to the use and control of their ceremonial objects and the right to the repatriation of their human remains; and (b) States shall seek to enable the access and/or repatriation of ceremonial objects and human 18 19 20 21 22 23 24 6 Even more, the Inter-American Court of Human Rights has indicated that, at the present stage of development of international law, the fundamental principle of equality and non-discrimination had entered the realm of jus cogens (Duque v. Colombia, Report on Merits, Report No. 5/14, Case No. 12.841, 2 April 2014, para. 60). The Conference on Security and Cooperation in Europe changed its name to the Organization for Security and Cooperation in Europe in 1994. See https://www.csce.gov/sites/helsinkicommission.house.gov/files/Comittments%20Freedom%20of%20 Religion%20or%20Belief.pdf. Other Organization for Security and Cooperation in Europe commitments are summarized in the same document. Council of the European Union, Conclusions on freedom of religion or belief, 2009. Available from https://www.ceceurope.org/wp-content/uploads/2015/08/CofEU_111190.pdf. Council of the European Union, Conclusions on intolerance, discrimination and violence in the basis of religion or belief, 2011, sect. B. Available from https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/119404.pdf. Ibid., sect. C. Council of the European Union, Guidelines on the promotion and protection of freedom of religion or belief, 2013. Available from https://www.eeas.europa.eu/sites/default/files/137585.pdf. GE.23-00741