A/HRC/37/49
undergoing a range of minor or dramatic adjustments, typically in response to social or
political pressures.2
12.
Studies using various indicators to demonstrate how States engage with religion or
belief, and how such entanglements may affect Governments’ disposition in promoting and
protecting freedom of religion or belief have produced myriad classification models for the
relationships between State and religion. Some studies examine the correlation between
States’ actions or inaction which result in interference with freedom of religion or belief
and the extent to which governmental institutions identify themselves with religious
institutions or beliefs.3 Others assess the role of constitutional stipulations in establishing
and regulating the overall relationship between religious and State authorities.4
13.
A 2017 study, which focused on the official religion policies and reported State
practices of all 193 States Members of the United Nations, concluded that some 42 per cent
of States either declared official support for one religion (21 per cent) or conferred favour
onto one or more religions (21 per cent). Another 53 per cent of Member States did not
identify with any faith or belief. A small number of Member States (5 per cent) exerted “a
very high level of control over religious institutions in their countries or hold a negative
view of religion in general”.5 An earlier study, on the other hand, which also examined the
laws, regulations, government policies and government actions of 177 countries, produced
14 subcategories grouped into 4 overarching relationships between State and religion —
similar to those identified by the 2017 study — concluding that 41 States had official
religions, 77 favoured one or more religions, 43 did not identify with any religion and 16
had a negative view of the role of religion in public life.6
14.
Given such complexities, there is no consensus as to either how the relationships
between State and religion should be classified, or on the terminology for characterizing
their nature. The Special Rapporteur does not endorse any conclusion or particular model
for such relationships generated by the above-mentioned studies. Nevertheless, some
indicators for understanding such relationships are common to these studies, and the
general patterns for how States engage with religion or belief gleaned from them are useful
for the purposes of this discussion.
15.
This includes examining States’ identification with religion(s) and/or belief(s) by
way of declaration in constitutions or other founding documents, which offer some insight
into the range of normative attitudes States may hold towards the roles that various
religion(s) and/or belief(s) should play in public life and, in extreme cases, private life. At
the same time, examining States’ official identification with a particular religion is not
necessarily determinative of how they will entangle themselves with religion or interrelate
with religious communities in practice. For instance, States with official religions, typically,
support religion more strongly, but declaring an official religion does not always lead to
high levels of actual support for that religion. Consequently, a close examination of the
practices that Governments adopt is also essential to understanding the implications that
these relationships pose for freedom of religion or belief beyond what the mere existence of
an official religion implies.7
16.
Of the 660 communications transmitted by the mandate holder from 2004 to 2017,
about 86 per cent were sent to the 81 States with official or favoured religion(s) (412
communications) and the 10 States that maintain a negative posture towards religion (157
2
3
4
5
6
7
Jonathan Fox, Political Secularism, Religion, and the State: A Time Series Analysis of Worldwide
Data (Cambridge University Press, 2015).
Cole Durham, “Patterns of Religion State Relations”, in John Witte, Jr. and M. Christian Green (eds.),
Religion and Human Rights: An Introduction (Oxford University Press, 2011).
Dawood Ahmed, Religion-State Relations, 2nd ed., (Institute for Democracy and Electoral
Assistance, 2017).
Pew Research Center, “Many Countries Favour Specific Religions, Officially or Unofficially”
(Washington DC, October 2017).
Fox, Political Secularism (see footnote 2).
Ibid.
5