A/68/290
56. The Special Rapporteur would like to reiterate in this context that, according
to article 18, paragraph 2, of the International Covenant, the forum internum
dimension of freedom of religion or belief receives unconditional protection and
does not allow any restrictions or infringements, for any reason. 13 Even the
undeniably significant aim of promoting gender equality and using school education
for that purpose cannot justify forms of teaching that may amount to violation of a
student’s forum internum. States are therefore obliged to exercise due diligence in
this area, for instance by sensitizing teachers, employing professional mediators and
establishing suitable monitoring mechanisms.
4.
Religious institutions
57. Freedom of religion or belief also covers the right of persons and groups of
persons to establish religious institutions that function in conformity with their
religious self-understanding. This is not just an external aspect of marginal
significance. Religious communities, in particular minority communities, need an
appropriate institutional infrastructure, without which their long-term survival
options as a community might be in serious peril, a situation which at the same time
would amount to a violation of freedom of religion or belief of individual members
(see A/HRC/22/51, para. 25). Moreover, for many (not all) religious or belief
communities, institutional questions, such as the appointment of religious leaders or
the rules governing monastic life, directly or indirectly derive from the tenets of
their faith. Hence, questions of how to institutionalize religious community life can
have a significance that goes far beyond mere organizational or managerial aspects.
Freedom of religion or belief therefore entails respect for the autonomy of religious
institutions.
58. It is a well-known fact that in many (not all) denominations, positions of
religious authority, such as bishop, imam, preacher, priest, rabbi or reverend, remain
reserved to males, a state of affairs that collides with the principle of equality
between men and women as established in international human rights law.
Unsurprisingly, this has led to numerous conflicts. While the Special Rapporteur
cannot provide a general recipe for handling such conflicts in practice, he would
like to point to a number of relevant human rights principles and norms in this
regard.
59. It cannot be the business of the State to shape or reshape religious traditions,
nor can the State claim any binding authority in the interpretation of religious
sources or in the definition of the tenets of faith. Freedom of religion or belief is a
right of human beings, after all, not a right of the State. As mentioned above,
questions of how to institutionalize community life may significantly affect the
religious self-understanding of a community. From this it follows that the State must
generally respect the autonomy of religious institutions, also in policies of
promoting equality between men and women.
60. At the same time, one should bear in mind that freedom of religion or belief
includes the right of internal dissidents, including women, to come up with
alternative views, provide new readings of religious sources and try to exercise
influence on a community’s religious self-understanding, which may change over
time. In situations in which internal dissidents or proponents of new religious
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See also CCPR/C/21/Rev.1/Add.4, para. 3.
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