A/HRC/31/18
means can never be legitimately employed to manipulate a person’s inner conviction (i.e.,
the forum internum) itself.
20.
The wording of article 18 of the Covenant differs from that of article 19 in that it
explicitly enshrines everyone’s freedom “to have or to adopt a religion or belief of his
choice”, thus using an equivalent of the right to “change”, as contained in article 18 of the
Universal Declaration of Human Rights. This additional clarification is necessary since
religions and beliefs can shape an individual’s personal identity and create a deep sense of
attachment and group loyalty based on shared world views, symbols, ethical norms and
practices. The preamble of the 1981 Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief states that “religion or belief,
for anyone who professes either, is one of the fundamental elements of his conception of
life”. What goes without saying with regard to more general opinions and ideas, namely
that they can legitimately change over time, needs explicit confirmation when it comes to
religions and beliefs specifically, which may profoundly shape the identity of the person,
often in conjunction with truth claims and deep-seated expectations of loyalty.9
3.
Forum externum dimensions
21.
Both articles 18 and 19 of the Covenant also require broad application with regard to
the forum externum. According to article 18 (1) of the Covenant, the external dimensions of
freedom of religion or belief include everyone’s freedom “either individually or in
community with others, and in public or private to manifest his religion or belief in
worship, observance, practice and teaching”. Manifestation of one’s religion or belief
covers a broad range of activities: for instance, bearing witness to one’s faith in private and
in public, educating the younger generation, celebrating religious holidays, fasting,
performing prayers alone or in community with others or establishing community
infrastructures. Article 19 of the Covenant, in turn, deals with “information and ideas of all
kind”; it is applicable “regardless of frontiers”; and it includes the use of any media.
According to the last criterion, a person can seek, receive and transmit information or ideas
“orally, in writing or in print, in the form of art, or through any other media of his choice”.
Religious or belief-related convictions undoubtedly fall within the broad category of
“information and ideas of all kind”, thus directly benefit from the broad conceptualization
of freedom of expression set out in article 19 of the Covenant. Just as both rights show
large overlaps within the forum internum, they also broadly overlap in the forum externum.
22.
Forum internum and forum externum should be generally seen as a continuum. Their
conceptual distinction should not be misperceived as a clear-cut separation of different
spheres of life. Just as freedom in the forum internum would be inconceivable without a
person’s free interaction with his or her social world, freedom within the forum externum
presupposes respect for the faculty of every individual to come up with new thoughts and
ideas and to develop personal convictions, including dissident and provocative positions.
While providing unconditional protection to the inner nucleus of each individual against
coercion and interference, the legally enhanced status of the forum internum at the same
time improves the prospects of free communication and manifestation within the forum
externum. In other words, it strengthens freedom of religion or belief and freedom of
opinion and expression in all their dimensions, both internal and external.
23.
Another common feature of the rights to freedom of religion or belief and to
freedom of opinion and expression is that they guarantee open communication, thus
contributing to the flourishing of communities and a culture of free public discourse. At the
same time, the two rights each have their specific applications concerning the forum
9
See A/66/156.
7