A/68/268
beliefs — pertaining, for example, to newer communities, migrants, or new religious
movements — also contravene human rights standards and result in undue
restrictions on rights. Both those objectives may be owing to the prevalence of
discrimination against particular religious minorities. Freedom of religion or belief
has a status prior and independent of any administrative recognition procedures, and
religious minorities should be respected in their freedom of religion or belief even
without any registration.
62. Some States demand the declaration of religious affiliation on identity cards
and other official documentation. The enjoyment of rights may then be precariously
conditional on ascription to a closed list of particular religions or be utilized to
ensure the impossibility of conversion and the denial of the existence of any other
beliefs. Refusal to abide by such requirements may result in the denial of a number
of basic rights: from the registration of births, marriages and deaths; school and
university entrance; obtaining passports, driving licences, bank accounts and
property; access to health provisions; and so on. The restrictions amount to
violations that destroy the very foundations of minority rights. Compelling people to
identify religion or belief on official documents undermines the explicit assertion
developed by the United Nations Human Rights Committee that no one can be
compelled to reveal his thoughts or adherence to a religion or belief. 17
63. Recognition and non-discriminatory registration may prove essential to the
maintenance of religious identity. For example, teaching religion or belief requires
the State to not criminalize or restrict the teaching or proselytizing of religion or
belief and for any limitations to be strictly within the legal limitations outlined in
article 18, paragraph 3 of the International Covenant on Civil and Political Rights.
Charitable activities, for example, require sufficient recognition to allow the group
to legally gather and hold such events. Respect for the appointment and election of
leaders requires non-interference on the part of the State and some recognition of
the appointment or election system in terms of recognition of the relevant leader(s)
or spokesperson(s) as a representative of that community.
7.
Legislative protection
64. The Declaration calls upon States to undertake a range of efforts in creating an
environment for the enjoyment of minority rights, including through the adoption of
appropriate legislative and other measures (art. 1, para. 2). Domestic minority rights
and anti-discrimination legislation is essential to the full implementation of
standards at the national level. While an increasing number of countries may have
anti-discrimination provisions in law, many still do not, and even where laws do
exist, minority rights provisions are frequently excluded, restrictive or weak and
poorly enforced.
65. Religious minorities should be able to avail themselves of universal human
rights provisions relating to equality of the law and equality before the law. In
addition, they should be able to avail themselves of freedom of religion or belief
rights and non-discrimination on the basis of religion or belief. As part of minority
rights, religious minorities should also have access to further legislative protections
aimed at ensuring the survival and continued development of their religious,
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17
16/23
See CCPR/C/21/Rev.1/Add.4, para. 3; see also A/63/161, paras. 45-54 and 75-78.
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