A/HRC/37/49
is upheld by their constitutions, concerns over the neutrality of the public sphere have
moved to centre stage in political debates, judicial politics and people’s daily lives. This
increasing focus on “secularism” is closely intertwined with the need to both respond to
religious plurality in many different institutional settings and adapt relationships between
religion and the State in ways that are compatible with human rights.
7.
The ever-evolving nature of the relationships between State and religion is of
significance to those seeking to promote protections for freedom of religion or belief,
because the degree to which States are entangled with various religions or beliefs has farreaching implications for their disposition and ability to guarantee human rights, especially
those rights exercised by persons belonging to religious or belief minorities. The present
report offers a perfunctory examination of the impact that these relationships pose for a
State’s disposition to respect and protect freedom of thought, conscience, religion or belief.
8.
The Special Rapporteur believes this exercise to be timely given: (a) the increasingly
disturbing trends in government restrictions and social hostilities involving religion or
belief; (b) the growing challenges posed by the struggles between secular and religious
actors over the “public space” and the “public agenda” and the increasingly complex
dynamics this competition generates for harmonizing freedom of religion or belief with
other fundamental human rights; and (c) the incrementally alarming threat that everevolving policies on religious issues are posing to freedom of religion or belief.
Accordingly, examining the impact that these relationships have on the enjoyment of the
right to freedom of religion or belief falls squarely within the mandate described in
paragraph 18 of Human Rights Council resolution 6/37.
9.
The present report does not attempt to offer a comprehensive survey of the breadth
of the relationships between State and religion that exist today. However, it does attempt to
employ easily discernible patterns amid the range of entanglements that States have with
religion(s) or belief(s), in order to identify the most salient differences among them, along
with the ramifications that such entanglements pose for the implementation of international
human rights norms and standards. This initial presentation of the basic patterns in such
relationships is accompanied by a brief review of the relevant international protections for
freedom of religion or belief, along with a succinct discussion about the pressures that such
relationships bring to bear on a State’s ability to implement the said legal protections for
all. Space limitations do not allow the present report to include an exhaustive treatment of
the issues that arise from the entanglements between State and religion. However, the report
highlights some of those practices which result in violations that are commonly associated
with certain such relationships. The report concludes with reflections on the tools and best
practices currently available to States seeking guidance as they undertake the progressively
complex task of striking this delicate balance between freedom of religion or belief and
other human rights.
B.
Patterns of relationships between State and religion
10.
All States support, regulate or limit religion and belief to some extent. Some
Governments declare official religions; other Governments give preferential treatment to
one or more religions; Governments also control or restrict religious organizations and
practices within their domain; and some Governments single out the manifestation of
certain religions or beliefs for restrictions that are not placed on all adherents within their
territory.
11.
Classifying States according to patterns in their relationships with religion(s) or
belief(s) is particularly challenging. Such relationships are diverse; often reflecting the
vicissitudes and vagaries of history, culture and traditions, along with the competing
interests of political, cultural, economic, secular and religious forces within States over the
public agenda. The relationships between State and religion are also constantly evolving;
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