A/HRC/34/50
forum externum), any and all limitations must be the exception, not the rule. Moreover, the
burden of justification for such restrictions falls on those who wish to impose them, often
Governments or State organs. According to article 18 (3) of the International Covenant on
Civil and Political Rights, which must be strictly interpreted, all limitations on the right to
freedom of religion or belief must be prescribed by law, and they must be necessary and
directly related to the pursuit of a legitimate aim: the protection of “public safety, order,
health, or morals or the fundamental rights and freedoms of others”. These restrictions must
also be applied in a non-discriminatory manner and be proportionate to the realization of
the legitimate aim and, therefore, be the least restrictive among all the adequate measures
that could possibly be applied and, in any case, without vitiating the right itself. Unlike
some other provisions of the Covenant (such as articles 12, 13, 14, 19, 21 and 22), the right
to freedom of religion or belief cannot be restricted on the grounds of national security, and
the non-discriminatory nature of the right ensures that nationality cannot form a basis for
imposing restrictions on minorities, migrants or non-nationals.
31.
The right to freedom of religion or belief and the right to equality are intimately
linked. It is not enough only to recognize equality as constituting an underlying principle of
this right; it would be more appropriate to view the right to freedom of religion or belief as
also constituting a right to equality. This right prohibits discrimination on the basis of
religion or belief system, recognized as sacrosanct by a number of human rights
instruments. It must be clear, however, that the right to freedom of religion or belief does
not give the individual – as a right-holder – the power to marginalize, suppress or carry out
violent acts against other individuals and those in vulnerable situations, such as women or
members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, under
the guise of manifesting their religion, or as constituting the “moral high-ground”.
32.
While official status or recognition for a particular religion or belief does not per se
violate a state’s article 18 obligations, the pre-eminence enjoyed by religions or State
ideologies should not result in the impairment of this or other fundamental rights
recognized under international law; nor should it result in any discrimination against
persons who do not accept the official ideology or who oppose it. The previous mandate
holder repeatedly stressed that it seemed difficult, if not impossible, that the application of
the concept of an official State religion in practice would not have adverse effects on
religious minorities by way of discriminating against their members (A/HRC/19/60, para.
62; A/67/303, para. 47). It should be noted in this regard that some State parties to
international human rights treaties, including the International Covenant on Civil and
Political Rights, have submitted general reservations that apparently justify certain
restrictions of fundamental rights, or violations of the principle of non-discrimination based
on religious or belief-based principles. In the same manner, however, equality in and of
itself cannot guarantee the right to freedom of religion or belief. For example, “doctrinal
secularism”, which rather than creating an inclusive space for religious pluralism on a nondiscriminatory manner but emphasizes State secularism over the right to freedom of
religion or belief, could engender activities that reduce the space for religious or belief
pluralism. It is pertinent to recall, therefore, that all human rights are interdependent,
interrelated and universal, and must be conceptualized in a holistic manner without
perceiving of a hierarchy of rights.
33.
The Special Rapporteur believes that acknowledging and addressing the aforementioned common misperceptions, among others, is critical to protecting and advancing
the most basic and foundational principles of the right to the right to freedom of religion or
belief. Indeed, the corpus of work produced by the mandate over the past 30 years, and
development of the wider human rights framework during that period, together with the
growing body of jurisprudence from treaty bodies and regional human rights mechanisms,
reinforces this finding. Such an exercise will also help to strengthen the mandate holder’s
role in addressing the key challenges of our time by engaging more robustly and
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