A/HRC/13/40/Add.2
II.
International human rights standards
6.
The right to freedom of religion or belief is enshrined in various international human
rights instruments.2 These include articles 2, 18-20 and 26-27 of the International Covenant
on Civil and Political Rights; article 13 of the International Covenant on Economic, Social
and Cultural Rights; article 2 of the Convention on the Elimination of All Forms of
Discrimination against Women; article 5 of the International Convention on the Elimination
of All Forms of Racial Discrimination; articles 2, 14 and 30 of the Convention on the
Rights of the Child; and article 12 of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families. Apart from the latter
convention, the former Yugoslav Republic of Macedonia has ratified all of the other abovementioned human rights treaties.
7.
Furthermore, the Special Rapporteur is guided in her mandate by other relevant
declarations, resolutions and guidelines of various United Nations bodies, including those
issued by the Human Rights Committee, the General Assembly, the former Commission on
Human Rights and the Human Rights Council. Of these instruments, of particular relevance
for the mandate are articles 2, 18 and 26 of the Universal Declaration of Human Rights as
well as the 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief. The Special Rapporteur also takes into account
human rights instruments adopted at the regional level containing provisions relating to the
freedom of religion or belief, for example articles 9 and 14 of the Convention for the
Protection of Human Rights and Fundamental Freedoms, as well as related jurisprudence of
the European Court of Human Rights.
III.
Domestic legal framework on freedom of religion or belief
8.
Article 19 of the Constitution guarantees the right to express one’s faith freely and
publicly, individually or with others. Amendment VII to the Constitution provides that the
Macedonian Orthodox Church, the Islamic Religious Community in Macedonia, the
Catholic Church, the Evangelical Methodist Church, the Jewish Community, as well as
other religious communities and religious groups are separate from the State, equal before
the law and free to establish religious schools as well as other social and charitable
institutions under the procedure determined by law. Article 48 of the Constitution,
according to amendment VIII, emphasizes that members of communities have a right to
freely express, foster and develop their identity and community attributes, and to use their
community symbols. Furthermore, the State guarantees the protection of the ethnic,
cultural, linguistic and religious identity of all communities.
9.
According to article 20 of the Constitution, the programmes and activities of
political parties and other associations of citizens may not be directed at the encouragement
or incitement of ethnic, racial or religious hatred or intolerance. Article 54 emphasizes that
the freedoms and rights of the individual and citizen can be restricted only in cases
determined by the Constitution and that such restrictions cannot discriminate on grounds of,
inter alia, religion. Pursuant to article 118, the international agreements ratified in
accordance with the Constitution are part of the internal legal order and cannot be changed
by law. The Constitutional Court decides on the conformity of laws with the Constitution
and protects the freedoms and rights of the individual and citizen relating to the freedom of
2
For an overview of the Special Rapporteur’s legal framework, see her reports to the Commission on
Human Rights (E/CN.4/2005/61, paras. 15-20 and E/CN.4/2006/5, annex) as well as the online digest
of her framework for communications (www2.ohchr.org/english/issues/religion/standards.htm).
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