A/65/207
26. The Special Rapporteur also wishes to refer to a recent judgment of the
European Court of Human Rights with regard to taking an oath as witnesses,
complainants or suspects in domestic criminal proceedings. 20 The Code of Criminal
Procedure of the State in question required people to give details of their religious
beliefs if they did not want the presumption that they were Orthodox Christians to
apply to them. In addition, all witnesses were required to state their religion before
testifying in criminal proceedings. The European Court of Human Rights reaffirmed
that freedom to manifest one’s religious beliefs included an individual’s right not to
reveal his or her religious beliefs. The State should not oblige anyone to act in such
a way that it is possible to conclude whether he or she has, or does not have,
religious beliefs.
G.
Right to worship, assemble or teach in connection with a religion
or belief
27. Some States unduly restrict the rights to worship, assemble or teach in
connection with a religion or belief, to establish and maintain places for these
purposes, and to write, issue and disseminate relevant publications in these areas. In
this context, the Special Rapporteur has also addressed the question of missionary
activities and other forms of propagating one’s religion or belief in her thematic and
country reports. 21
28. In one State, those religious groups that were not registered could not hold
religious gatherings or worship collectively, even in private houses. In order to
prevent any problems with the authorities, some religious communities seemed to
refrain in this domestic context from any missionary activity, even if this was to
some extent inherent to their faith. However, the Special Rapporteur would like to
reiterate that missionary activity cannot be considered a violation of the freedom of
religion and belief of others if all involved parties are adults able to reason on their
own and if there is no relation of dependency or hierarchy between the missionaries
and the subjects of the missionary activities. 22
29. In another State, members of religious minorities highlighted the practical
problem that missionary work could, usually at the request of the local authorities,
only be performed within their places of worship. 23 Religious pamphlets distributed
in the streets were confiscated by the local authorities and people were fined for
talking to passers-by about God. Importing or distributing religious publications
needed prior approval. The Special Rapporteur would like to emphasize that
restrictions on the freedom to manifest one’s religion or belief or to exercise
freedom of expression must strictly abide by the provisions of articles 18.3, 19.3
and 20 of the International Covenant on Civil and Political Rights.
__________________
20
21
22
23
10
European Court of Human Rights, judgment of 3 June 2010, Dimitras and others v. Greece
(application Nos. 42837/06, 3237/07, 3269/07, 35793/07 and 6099/08).
See A/60/399, paras. 55-68, and A/HRC/6/5, paras. 11-12 and 17.
See the Special Rapporteur’s report on her mission to the Lao People’s Democratic Republic
(A/HRC/13/40/Add.4, paras. 32 and 43).
See the Special Rapporteur’s report on her mission to Tajikistan (A/HRC/7/10/Add.2, paras. 34-37)
and her follow-up table (www2.ohchr.org/english/issues/religion/docs/followup/FUTajikistan.pdf).
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