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3. The right to manifest one’s religion or belief
10. Whereas the choice of religion or belief is part of the forum internum, which allows for no
limitations, the freedom to manifest one’s religion or beliefs may be subject to such limitations
as are prescribed by law and are necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others. The following subcategories deal with facets of the
right to manifest one’s religion or belief in greater detail.
(a)
Freedom to worship
11. The freedom to worship or assemble in connection with a religion or belief and the
freedom to make, acquire and use the necessary articles and materials related to the rites or
customs of a religion or belief is also frequently infringed. Believers, particularly those
belonging to religious minorities, are sometimes not allowed to worship or conduct any religious
activities without State approval or prior registration. The Special Rapporteur wishes to
emphasize that the right to freedom to worship is not limited to members of registered religious
communities, since registration should not be a precondition for practising one’s religion, but
only for the acquisition of a legal personality and related benefits.
12. However, the freedom to worship is not unlimited. For example religious rituals which
involve a human sacrifice would obviously violate the fundamental rights of others and
consequently these rituals may be prohibited by law. Women seem to be particularly
vulnerable to become victims of cruel rituals such as the immolation of widows
(see E/CN.4/2002/73/Add.2, paras. 152-154).
(b)
Places of worship
13. The Special Rapporteur receives a significant number of allegations related to cases where
places of worship or religious properties had been attacked or otherwise subjected to other forms
of restriction. Places of worship, cemeteries, monasteries or community headquarters have more
than a material significance for the religious community attached to them. Believers are in a
situation of special vulnerability whenever they find themselves in places of worship, given the
nature of their activities. The Special Rapporteur is therefore of the opinion that States should
pay increased attention to attacks on places of worship and ensure that all perpetrators of such
attacks are properly prosecuted and tried. Furthermore, attacks or other forms of restriction on
places of worship or other religious sites and shrines in many cases violate the right not only of a
single individual, but the rights of a group of individuals forming the community that is attached
to the place in question. In its resolution 55/254 on “Protection of Religious Sites” the
General Assembly encourages all States to promote “a culture of tolerance and respect for the
diversity of religions and for religious sites, which represent an important aspect of the collective
heritage of humankind”. However, places of worship have also been misused by non-State actors
for illegitimate purposes, including as a depository for weapons or as a hideout for holding
hostages. The Special Rapporteur would like to emphasize that these actions by themselves may
desecrate the place of worship.