E/CN., 4/1989/44 paqe 52 1. The right to have, to manifest and to practise the religion or belief of one's choice (Declaration, arts. 1 and 6) 89. The fundamental freedom to have a religion or whatever belief of one's choice (art. 1) is mentioned in different forms with a number of variations in the information transmitted to the Special Rapporteur. For example, some countries mention in their Constitutions the freedom to profess any religious faith or to have no religious belief. Sometimes reference is made to the freedom for every individual to profess the religious belief of his preference. Elsewhere, the ideological and religious freedom of individuals is guaranteed; in another case, the Fundamental Law guarantees the inviolability of the freedom of belief and conscience, free confession of religion and the conception of the universe. Sometimes the freedom to propagate a religion or belief is also mentioned in legislation. Some countries expressly refer in their legislation to the freedom of the individual to change his belief or to abandon the belief he had. So as to guarantee that no constraint is exercised in this sphere, it is sometimes laid down that no one is obliged to reveal his religious beliefs. Provisions are also found according to which no State body, social group or individual may force a citizen to embrace a religion or not to practise it. Some legislations mention the right of conscientious objection and the right not to be obliged to perform military service against the dictates of one's conscience. Provision is made for numerous penal guarantees so as to conserve the fundamental right to have the religion or belief of one's choice, particularly against any act of defamation or abuse against a religion or belief, against the threat or use of force against persons, groups or organizations so as to compel them to take part in the practice of a creed, religion or belief, or to take oath without their consent, or against the obligation to reveal their reliqion. Lastly, mention may be made of a number of preventive measures designed to encourage understanding and tolerance towards groups with different reliqions or beliefs, like the measures taken to implement laws on multicultural situations and laws on education. 90. The other freedoms mentioned in article 6 (b)-(i) of the Declaration are also mentioned in various ways in the legislations of the States concerned, althouqh rarely in full. The freedom to worship is generally guaranteed, although subject to restrictions which must, nearly always, be prescribed by law. Provision is often made for penal guarantees in the event of the disturbance or prevention of religious ceremonies or incitement to such acts. 91. Reference is sometimes made to the fact that churches, denominations and religious communities acquire legal status once certain formalities are complied with. In other cases, no provision is made for laws to establish a reliqion. Some leqislations make express provision for the entitlement of reliqious bodies to have ownership and other rights over their institutions, foundations and other assets for the purposes of worship or for educational or charitable purposes, or the right of churches and denominations to create and encourage associations and foundations. Similarly, certain legislations admit the riqht to the freedom to make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief and provide for penalties for those who profane objects of worship. The freedom to write, print and disseminate publications on a religion or belief is often the subject of provisions of a general nature dealing with the

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