A/78/207
I. Introduction1
1.
The present report complements the thematic report to the Human Rights
Council, 2 in which the Special Rapporteur on freedom of religion or belief addressed
a top-level framing of the landscape of freedom of religion or belief. As noted in the
introduction of that report, in renewing the mandate for a further term in its resolution
49/5, the Council highlighted the importance of constitutional and legislative systems,
national legislation, recommendations emanating from the universal periodic review
process, practices and laws relating to women, economic and social rights and public
services, registration practices, access to official documents, worship and assembly
and the activities of all public officials and civil servants.
2.
In continuing from and complementing her previous report, the Special Rapporteur
brings the debate around human rights and freedom of religion or belief to the grass roots level, considering the range of authorities and actors affecting enjoyment of that
right on the ground. She highlights the obligations of government authorities and the
role of non-governmental actors in ensuring enjoyment of this freedom. It is hoped that
the present report will help to provide a “reality check” on how freedom of religion or
belief needs to be promoted, protected and fulfilled at the domestic level.
3.
Freedom of religion or belief is a human right. It cannot be respected through
mere rhetoric or by being showcased at symbolic events. It is a day -to-day practice
and reality that needs continuous investment at every level. From the perspective of
the individual or community on the ground and around the world, who are the
authorities and actors who facilitate, restrict or violate full enjoyment of freedom of
religion or belief?
4.
The Special Rapporteur seeks to bring the lived reality of the rights holder to the
centre of her report by drawing on communications by the mandate holder (where
possible, from 2022 and 2023), country visit reports and submissions provided by
17 States, 9 national human rights institutions, 1 special envoy, 32 civil society
organizations, 1 intergovernmental organization and 5 individuals. In the
recommendations set out herein, the Special Rapporteur elaborates on the negative and
positive State obligations and other responsibilities necessary to ensuring the effective
enjoyment of the right to freedom of religion or belief at the grass -roots level.
II. The importance of the domestic level from the perspective of
the rights holder
5.
Notwithstanding the importance of international human rights treaties, case law,
custom and norms, the domestic and local levels are where human rights become
relevant for most rights holders. The ratification and domestication of relevant
international treaties represent only initial steps that may facilitate enjoyment of
freedom of religion or belief in practice. International standards and mechanisms
should be the last, not the first, resort for the full enjoyment of rights.
6.
Freedom of religion or belief is protected under article 18 of the International
Covenant on Civil and Political Rights and other international and regional human
rights treaties. Protection from discrimination based on religion or belief is enshrined
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2
23-14116
Warm appreciation is extended to David Garciandía Igal and Thiago Alves Pinto of Oxford
University and to the previous Special Rapporteur on freedom of religion or belief, Ahmed
Shaheed, for research support and comments on the final draft, as well as to Daniel Cloney, Helle
Dahl Iversen and Erik Fattorelli of the Office of the United Nations High Commissioner for
Human Rights for additional support.
A/HRC/52/38.
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