A/78/207
religious identity on documents of fundamental importance, such as birth certificates
and/or identity cards. These documents are often necessary for access to essential
services. The freedom of religion or belief of children 4 and the right of all to
determine – and to not be obliged to declare – their religion or belief should not be
forgotten.
14. Registration of one’s religion or belief and its display on identity cards or other
analogous documents are likely to enable discrimination and exclusion. Once
registered, it may be difficult or impossible to remove or change that religious
affiliation, thereby impeding the right to adopt or change a religion or belief. 5 In other
cases, one can chose from only a limited set of “recognized” religions or beliefs, 6
resulting in stigmatization, marginalization and coercion with regard to the religious
affiliation of others. Those violations of freedom of religion or belief are often
conditioned by constitutional or legislative orders, or by established practices, which
make the registration of religious or belief communities themselves unnecessarily
cumbersome or impossible. 7
15. The right to change one’s religion or belief is inherent to freedom of religion or
belief. Furthermore, all human rights instruments prohibit discrimination based on
religion or belief. Those rights apply to all religions and beliefs, including those of a
non-religious nature. The mandate holder has long expressed concerns about the
denial of citizenship, and of equal citizenship, due to religion or belief. 8 Such denials
represent serious violations of freedom of religion or belief, equality and
non-discrimination and risk further violations across the entire corpus of human
rights.
16. As international law requires the declaration of religion or belief to remain
voluntary, the Special Rapporteur reiterates that no mention of religious identity or
affiliation should be required on official documents.
17. Regarding the registration of religion or belief communities, States must play a
facilitative role in ensuring that access to legal personality is quick, transparent, fair,
inclusive, non-discriminatory and voluntary. 9
B.
Local, municipal and regional governments or authorities
18. Devolved local, municipal and regional authorities 10 vary in their levels of
autonomy, their functions and the manner in which they are appointed or elected.
They may have their own autonomous judicial institutions, plural legal systems, their
own sets of laws and law enforcement agencies and their own official religion. Others
may serve to administer and implement laws created by central Governments.
Regardless of their heterogeneous interactions with rights holders, they are centrally
implicated in the State’s international obligations, including with regard to freedom
of religion or belief. They can be the principal violators of freedom of religion or
belief.
19. Several recent communications issued by the mandate holder contain references
to alleged violations or weakening of freedom of religion or belief arising from local
__________________
4
5
6
7
8
9
10
23-14116
Convention on the Rights of the Child, article 14.
Submission provided by Sisters in Islam.
Submissions provided by the Indonesian Civil Society Coalition for Freedom of Religion or Belief,
Komnas Perempuan (national human rights institution in Indonesia) and Minority Rights Group.
A/HRC/19/60, paras. 41–44 and 73.
A/63/161, paras. 31–36.
See www.osce.org/files/f/documents/9/9/139046.pdf.
These may include mayoral offices, city or regional councils or legislatures or autonomous
executive or legislative authorities of states within a federation.
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