A/52/477
English
Page 19
thought, conscience, religion and belief, irrespective of the form in which this
concept was expressed.
75. In its general comment No. 22 (48) on article 18 of the Covenant, adopted
on 20 July 1993, the Human Rights Committee comes to the same conclusion. The
Committee observes that the freedom to have or to adopt a religion or a belief
necessarily entails the freedom to choose a religion or belief, including the
right to replace one's current religion or belief with another or to adopt
atheistic views, as well as the right to retain one's religion or belief.
76. The Special Rapporteur therefore wishes to stress, once again, that
religious freedom includes the right to change one's religion, which is a
legally necessary dimension of that freedom.
3.
The right of conscientious objection
77. With regard to the third category of violations, the Special Rapporteur
wishes to stress that the right of conscientious objection is a right which is
closely linked with freedom of religion.
78. The Special Rapporteur considers it necessary to remind States of
Commission on Human Rights resolution 1989/59, reaffirmed several times, which
recognizes the right of everyone to have conscientious objections to military
service as a legitimate exercise of the right to freedom of thought, conscience
and religion as laid down in article 18 of the Universal Declaration of Human
Rights as well as article 18 of the International Covenant on Civil and
Political Rights. The Commission therefore recommends to States with a system
of compulsory military service, where such provision has not already been made,
that they introduce for conscientious objectors various forms of alternative
service which should be in principle of a non-combatant or civilian character,
in the public interest and not of a punitive nature. In its resolution 1984/93
on conscientious objection to military service, the Commission on Human Rights
also called for minimum guarantees to ensure that conscientious objection status
can be applied for at any time.
B.
Protection and promotion of freedom of religion and belief
1.
Legislation and freedom of religion and belief
79. With reference primarily to the first category of violations, and
secondarily to the third and fourth categories of violations, the Special
Rapporteur wishes to note the following.
80. Article 2 of the 1981 Declaration prohibits discrimination against anyone,
by any State, institution, group of persons or person, on the grounds of
religion or belief. Intolerance and discrimination based on religion or belief
are defined in the Declaration as any distinction, exclusion, restriction or
preference based on religion or belief and having as its purpose or as its
effect nullification or impairment of the recognition, enjoyment or exercise of
human rights and fundamental freedoms on an equal basis.
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