E/CN.4/2005/61/Add.1
Page 57
218. The Government further indicated that article 7 of the Constitution stipulates
that religious communities in the Republic of Slovenia enjoy equal rights and that
they may pursue their activities freely. Article 14 of the Constitution stipulates that
everyone is guaranteed equal human rights and fundamental freedoms irrespective of
national origin, race, sex, language, religion, political or other conviction, material
status, birth, education, social status or any other personal circumstance. The
Constitution also specifies that religious and other beliefs may be freely professed in
private and public life, and that no one is obliged to declare his/her religious or other
beliefs. Parents have the right to provide their children with a religious and moral
upbringing in accordance with their beliefs. The religious and moral guidance given to
children must be appropriate to their age and maturity, and be consistent with their
free conscience and religious and other beliefs or convictions (article 41 of the
Constitution).
219. As regards the complaints about the construction of an Islamic centre or a
mosque, the Office for Religious Communities of the Republic of Slovenia expressed
its support for the right of the Islamic community to appropriate religious facilities in
letters addressed to the Human Rights Ombudsman and to the Municipality of
Ljubljana. The implementation of this right, however, depends on numerous factors.
The basic factor, which falls within the jurisdiction of the local community, is the
possibility of obtaining a building plot. The City Council of the Municipality of
Ljubljana adopted the appropriate land-use planning document on 8 December 2003.
Sri Lanka
220. On 14 June 2004, the Special Rapporteur sent a communication to the
Government of Sri Lanka regarding a draft “Bill on the Prohibition of Forcible
Conversion”, which was presented by Buddhist monks of the Jathika Hela Uramaya
(JHU) party. The draft bill was allegedly presented to protect and foster Buddhism in
Sri Lanka. While some organizations reportedly challenged the bill in the Supreme
Court within the required period of seven days, it was feared that they might not
obtain satisfaction given the recent trend taken by the Court in favour of Buddhism.
221. By letter dated 25 June 2004, the Government of Sri Lanka responded that
members of Parliament of the JHU had presented a Private Members Bill on religious
conversions, and that it was the prerogative of any member of Parliament to do so.
222. The Government also indicated that there had been several Private Members Bills
seeking to incorporate organizations with the purpose of propagating a religion combined
with administering social and economic assistance to the community. These bills had been
successfully challenged in the Supreme Court in three instances. The facts of all three cases
were similar. Each case related to the promotion of a particular faith as well as to the
provision of education, job training and social welfare services. The purpose of
incorporation was to have the power to raise money and engage in normal commercial
activities. The petitioners who challenged the bills argued that if Parliament were to
statutorily incorporate the organizations of a particular denomination and also vest in them
the right to engage in economic activities, it could lead to conversions of persons to that
religious denomination through allurement or subtle means. It was contended that that
would be an infringement of the freedom of thought, conscience and religion guaranteed