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13. In some States, domestic registration procedures for religious communities are
applied in a discriminatory manner by the authorities, thus in practice limiting the
right to freedom of religion or belief of members of certain religious communities.
Such discriminatory registration procedures appear to be prevalent in several
countries located in different regions, albeit the degree of the undue limitations on
freedom of religion or belief may differ. The Special Rapporteur would like to
reiterate that freedom of religion or belief is not limited to members of registered
religious communities and that registration may only be appropriate for the
acquisition of a legal personality and related benefits.
14. Furthermore, the Special Rapporteur has noticed a number of restrictions
imposed on different forms of religious expression, for example on the wearing of
distinctive clothing or head coverings. Freedom to manifest one’s religion or beliefs
may be subject to limitations; these, however, must be prescribed by law and
necessary to protect public safety, order, health, morals or the fundamental rights
and freedoms of others. The Special Rapporteur is concerned that, on the one hand,
many believers in various parts of the world are prevented from identifying
themselves through the display of religious symbols and that, on the other hand,
people in different countries are required to display religious symbols in public. The
fundamental objective should be to safeguard both the positive freedom of religion
or belief, for example, the voluntary display of religious symbols, and also the
negative freedom of not being forced to display religious symbols.
15. In addition, the Special Rapporteur is concerned about undue State
interference in religious teaching and dissemination of relevant publications, for
example when the authorities censor, monitor or even write sermons of religious
leaders. Moreover, the freedom to train, appoint, elect or designate by succession
appropriate leaders is curtailed in some countries, thus violating article 6 (g) of the
1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.
16. Conscientious objection to perform military service is another issue of concern
in some States. The Special Rapporteur welcomes the fact that a growing number of
States have in their laws exempted from compulsory military service citizens who
genuinely hold religious or other beliefs that forbid the performance of military
service and replaced compulsory military service with alternative national service.
However, certain domestic legislation remains problematic in terms of the eligibility
to and conditions of conscientious objection. The Special Rapporteur recommends a
thorough review of these laws from the perspective of their compliance with
international standards and best practices.
17. The discrimination or even persecution of individuals who have changed their
religion is also an alarming problem in some countries, even though international
human rights law provides that freedom of thought, conscience and religion includes
freedom to change his religion or belief 6 and freedom to have or to adopt a religion
or belief of his choice. 7 The Special Rapporteur would like to refer to general
comment No. 22 (1993), in which the Human Rights Committee observed that the
freedom to “have or to adopt” a religion or belief necessarily entailed the freedom to
choose a religion or belief, including the right to replace one’s current religion or
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Universal Declaration of Human Rights, article 18.
International Covenant on Civil and Political Rights, article 18, para. 1.
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