A/52/477
English
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individuals and communities in matters of religion or belief at the national and
international levels (see the sixth category).
2.
Right to change one's religion
66. Referring mainly to the third category of violations and tangentially to
the second category of violations (India and Nepal), the Special Rapporteur
wishes to make the following comments on the right to change one's religion.
67. Article 18 of the Universal Declaration of Human Rights sets forth the
principle according to which everyone has the right to freedom of thought,
conscience and religion and states clearly that this right includes freedom to
change one's religion or belief and freedom, either alone or in community with
others and in public or private, to manifest one's religion or belief in
teaching, practice, worship and observance.
68. While the International Convention on the Elimination of All Forms of
Racial Discrimination and the International Covenant on Civil and Political
Rights are a direct continuation of the Universal Declaration, they do not refer
explicitly to the right to change one's religion.
69. Article 18 of the Covenant recognizes in a general way the freedom to have
or to adopt a religion of one's choice. The 1981 Declaration on the Elimination
of All Forms of Intolerance and of Discrimination Based on Religion or Belief
also affirms in a general manner the freedom to have a religion or whatever
belief of one's choice. Like the Covenant, the Declaration does not refer
formally or explicitly to the freedom to change one's religion, although this
should not be understood as an expression of the wish to dilute the content of
the provisions of the Universal Declaration.
70. The Vienna World Conference on Human Rights, while recognizing concerns
about specific circumstances and calling upon national legislations, strongly
affirmed the universality of human rights.
71. The formal variations that surrounded the recognition and development of
religious freedom cannot lead to a failure to recognize the right to change
one's religion.
72. Lastly, there are many variations on a single theme that have called into
question the foundations of religious freedom and have bolstered the position of
those who believe that religious freedom cannot include recognition of the right
to change one's religion.
73. It is today acknowledged that religious freedom is inseparable from the
freedom to change one's religion.
74. As early as 1986, Elisabeth Odio Bénito wrote that, while the provisions of
the 1948 and 1981 Declarations and of the Covenant were worded differently, they
all had the same ultimate objective, namely, that any person had the right to
renounce a religion or belief and adopt another or adopt none at all. That was,
she added, the implicit meaning of the concept of the right to freedom of
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