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in all human rights treaties, in regional standards and in numerous soft law
instruments.
7.
Article 27 of the Vienna Convention on the Law of Treaties of 1969 contains
the stipulation that a party “may not invoke the provisions of its internal law as
justification for its failure to perform a treaty”. Nevertheless, States often reference
their domestic laws in seeking to justify their violation of freedom of religion or
belief. That cannot be acceptable. When a State ratifies a treaty, it commits itself to
implementing it, in letter and in spirit.
8.
Most international judicial and quasi-judicial mechanisms become accessible
after domestic remedies have been exhausted. To ensure effective enjoyment of a
right, therefore, international human rights obligations should be taken into acc ount,
first and foremost, by domestic authorities at the most local level.
9.
Functionaries of State institutions and entities are the primary interlocutors for
rights holders in relation to their freedom of religion or belief. Their actions are
regulated by domestic laws, which often diverge from the State’s international
obligations. That significantly limits the ability of those actors to carry out their duties
in a human rights-compliant manner. Their prejudices may also be at odds with their
obligations. In such cases, even where the domestic legal order allows space for
freedom of religion or belief to be respected, they may take it upon themselves to
inhibit its enjoyment.
10. State due diligence obligations to protect individuals from human rights
violations exist not only at the individual level, but also at the systemic level 3 and in
relation to groups. Those obligations, which should ensure that State authorities
respond to freedom of religion or belief violations at the local level, will be addressed
further in sections V and VI.
11. The principle of subsidiarity holds that national authorities are best placed to
understand and implement human rights in their own context. Nevertheless, they must
ensure that those rights are enjoyed in a practical and tangible manner and that they
reflect international standards.
III. The role of domestic State authorities in guaranteeing
freedom of religion or belief
12. This section provides a non-exhaustive exploration of the State entities on whom
effective enjoyment of the freedom of religion or belief depends. The Special
Rapporteur draws attention to the practical impact of those entities on the enjoyment
of this human right, from the domestic authorities that may typically be the most
proximate to the everyday lives of rights holders, to those that may typically be
considered the most distant. In doing so, she highlights the centrality of the lived
experience of rights holders.
A.
State authorities responsible for the administration of identity,
personal status and religious affairs
13. Violations of freedom of religion or belief may begin with the first engagements
between a newborn and the State under whose jurisdiction the newborn falls. Through
various institutions, which may include local, municipal or regional government and
ministries responsible for social services or religious affairs, many States record
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3
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A/HRC/23/49, paras. 70–71.
23-14116