A/HRC/2/3
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30.
The challenge is to decide what type of incident justifies action. In this respect, the
Special Rapporteur seeks first and foremost guidance from international human rights law in
general and the human rights standards that govern her mandate in particular.1
1. The scope of the right to freedom of religion or belief
31.
According to article 18 of the International Covenant on Civil and Political Rights,
freedom of religion includes freedom to have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.
32.
In its general comment No. 22 on article 18 of the Covenant, the Human Rights
Committee provides that:
the right to freedom of thought, conscience and religion (which includes the freedom to
hold beliefs) […] is far-reaching and profound; it encompasses freedom of thought on all
matters, personal conviction and the commitment to religion or belief, whether
manifested individually or in community with others
and that
Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to
profess any religion or belief. The terms “belief” and “religion” are to be broadly
construed. Article 18 is not limited in its application to traditional religions or to
religions and beliefs with institutional characteristics or practices analogous to those of
traditional religions.
33.
The same general comment contains a non-exhaustive catalogue of the different aspects
that are covered by the right to freedom of religion or belief (see CCPR/C/21/Rev.1/Add.4,
para. 4).
34.
Like other fundamental human rights, the right to freedom of religion remains primarily
an individual right. However, it is often rightly argued that due to the manifestation aspects of
the right, the right to freedom of religion or belief is also a collective right.
35.
Acts of religious intolerance or other acts that may violate the right to freedom of
religion or belief can be committed by States but also by non-State entities or actors. States have
an obligation to address acts that are perpetrated by non-State actors and which result in
violations of the right to freedom of religion of others. This is part of the positive obligation
under article 18 of the Covenant.
1
For a more detailed description of the legal framework of the mandate, see paragraphs 15 to 20
of the report of the Special Rapporteur to the sixty-first session of the Commission on Human
Rights (E/CN.4/2005/61) and the annex of her report to the sixty-second session of the
Commission on Human Rights (E/CN.4/2006/5).