A/HRC/37/49
its obligations to respect the freedom of religion or belief of persons belong to religious
minorities.
81.
International human rights law imposes a duty on States to be impartial
guarantors of the enjoyment to freedom of religion or belief of all individuals and
groups within their territory and those subject to their jurisdiction. Moreover, there is
no hierarchy of human rights and where freedom of religion clashes with the right to
non-discrimination and equality, or laws of general effect, the focus should be on
ensuring that all human rights are protected, including through reasonable
accommodation. Amid rising diversity, it appears axiomatic that the role of the State
as an impartial guarantor of the rights of all is mostly likely to be fulfilled when the
State adopts a posture of cooperation and accommodation without identification.
Indeed, it is difficult to conceive of an application of the concept of State Religion that
in practice does not have discriminatory effects on the variety of “others” that are
created.35
82.
While many States express commitments to guaranteeing freedom of religion or
belief, some of the protections are narrower than those specified in article 18 of the
International Covenant on Civil and Political Rights or include limitations that are
inconsistent with international law. Some States do not provide any legal guarantees
or indeed ban certain religious communities or subject them to burdensome
registration processes, which deny them legal personality. The Special Rapporteur
recommends that States’ legal framework must be aligned with the guarantees of
freedom of religion or belief specified in international human rights law as a universal
human right.
83.
Anti-blasphemy laws, which frequently serve to uphold State-sponsored
religion or truth claims (existing even in States that do not formally identify with one
religion) stifle the enjoyment of freedom of religion or belief, and the ability to engage
in a healthy dialogue about religion. They are also used to target political dissidents,
humanists, non-believers or any religious thinker who expresses different theological
views than the State-sponsored religion. As also called for in several recent
international action plans, such anti-blasphemy laws must be repealed as a matter of
priority36 and are incompatible with the Covenant.37
84.
The State must recognize that, although there are associational rights, freedom
of religion or belief is a right that resides with the individual and not with a group per
se. Therefore, anti-conversion laws are inconsistent with the international human
rights framework and amounts to an illegal interference with an unqualified right to
freedom of thought, conscience, religion or belief.
85.
The right of parents to provide a moral and religious education, consistent with
their religious worldviews and in accordance with the evolving capacities of the child,
must be fully respected. In this regard, the Special Rapporteur would like to highlight
the useful guidance provided in the Final Document of the International Consultative
Conference on School Education in Relation to Freedom of Religion or Belief,
Tolerance and Non-Discrimination38 and the Toledo Guiding Principles on Teaching
about Religion and Beliefs in Public Schools.39
86.
When offering a privileged legal status position for certain religious or belief
groups, such a specific status should be accorded in strict conformity with the
principle of non-discrimination and should fully respect the right to freedom of
religion or belief of all human beings. Privileged positions accorded to religious or
35
36
37
38
39
18
See Bielefeldt, Ghanea and Wiener, Freedom of Religion or Belief (footnote 15), p. 341.
See A/72/365, paras. 28 and 76.
See Committee on Human Rights general comment No. 34 (2011) on the freedoms of opinion and
expression, para. 48.
See E/CN.4/2002/73, appendix.
See www.osce.org/odihr/29154?download=true.