A/HRC/34/50
Actors for Sustainable Development.3In 2016, the International Partnership on Religion and
Development was established to facilitate engagement of faith-based organizations in
development work. The Special Rapporteur welcomes these efforts and looks forward to
contributing to this process. For such efforts to be successful, however, there is a need to
invest in literacy on both religions and religious freedom to ensure that the engagement of
actors with the development agenda actually advances the cause of human rights. This is
particularly important in the light of the many misconceptions that exist regarding the right
to freedom of religion or belief.
III. Addressing misconceptions about the right to freedom of
religion or belief
22.
While noting that addressing chronic issues of intolerance and violent extremism
often requires promoting greater understanding among diverse communities, the Special
Rapporteur believes that continuing reports of the most chronic violations of the right to
freedom of religion or belief, which demonstrate a wide range of misperceptions and
misconceptions about the specific content of this right under international law, requires
long-term investment in the promotion and advancement of literacy regarding this right.
Misperceptions and misconceptions are both the product of the complexity of this right and
the political and ideological dispute over the norms of the international legal framework
that underpin it. While article 18 of the International Covenant on Civil and Political Rights
and its interpretation by the Human Rights Committee remain the most detailed articulation
of the international community’s understanding of the core elements of the right to freedom
of religion or belief, and subsequent normative developments have expanded that
understanding, there are a number of areas that are susceptible to dispute.
23.
In this regard, the Special Rapporteur notes the finding by the Human Rights
Committee with regard to the customary character of the right to freedom of religion or
belief, and reaffirms and echoes the declarations of previous mandate holders regarding the
normative framework of the right to freedom of religion or belief. 4 He also notes that the
scope, substance and contours of this framework are subject to continuing development,
clarification and evolution. For the purposes of the present report, however, the Special
Rapporteur wishes to highlight some of the most common misconceptions that exist
regarding his mandate, and also what the right to freedom of religion or belief encompasses
(and does not encompass).
24.
Individuals, not religions, convictions, belief systems or truth claims, are the rightholders of the right to freedom of religion or belief. More specifically, this right is not
designed to protect beliefs as such (religious or otherwise), but rather believers and their
freedom to possess and express their beliefs either individually or in community with others
in order to shape their lives in conformity with their own convictions (A/71/269, para.11).
25.
Individuals have the right to publicly manifest their religion or belief, alone or
together with others, and the prerogative of deciding whether they wish to manifest their
religious convictions. It is ultimately up to the individual to decide whether he or she
wishes to manifest his or her right to freedom of religion or belief at all and, if so, whether
these manifestations take place in private or in public. This is an important distinction,
3
4
See United Nations Population Fund, annual report of the United Nations Inter-Agency Task Force on
Engaging Faith-Based Actors for Sustainable Development, 2016.
Human Rights Committee, general comment No. 24 (1994), para. 8. See also Heiner Bielefeldt,
Nazila Ghanea and Michael Wiener, Freedom of Religion or Belief: An International Law
Commentary (New York, Oxford University Press, 2015).
9