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religion or belief. The second category covers discrimination in relation to freedom of religion or
belief. The third category deals with vulnerable groups, including women, children, refugees,
members of minorities and persons deprived of their liberty. The fourth covers situations where
the right to freedom of religion intersects with violations of other human rights, such as the right
to freedom of expression and the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment. The fifth category deals with cross-cutting issues including
international provisions on limitations and derogations.
A. Freedom of religion or belief
6.
Human Rights Council resolution 4/10 states that “religion or belief, for those who profess
either, is one of the fundamental elements in their conception of life and that freedom of religion
or belief should be fully respected and guaranteed”. Due to the problem of finding a satisfactory
definition of the “protected religion or belief”, the pertinent international human rights standards
provide for a broad view of these concepts. Consequently, freedom of religion or belief is not
limited in its application to traditional religions or to religions and beliefs with institutional
characteristics or practices analogous to those of traditional religions. Furthermore, it has been
established that article 18 of the International Covenant on Civil and Political Rights (ICCPR)
“protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion
or belief”.2 The Special Rapporteur follows the approach of interpreting the scope of
application of the freedom of religion or belief in a large sense, bearing in mind that
manifestations of this freedom 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.
1. Freedom to adopt, change or renounce a religion or belief
7.
Throughout her mandate, the Special Rapporteur received numerous allegations that an
individual’s freedom to adopt, change or renounce a religion or belief had been infringed
whereas article 18 of the Universal Declaration of Human Rights (UDHR) provides that the right
to freedom of thought, conscience and religion “includes freedom to change his religion or
belief”. Furthermore, article 18 of ICCPR recognizes the right “to have or to adopt a religion or
belief of his choice” and the 1981 Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief (1981 Declaration) makes general provision
for the “freedom to have a religion or whatever belief of his choice”. The Special Rapporteur
would like to emphasize that the variety of formulations used to refer to the acknowledgement
and development of religious freedom do not amount to a denial of the right to change religion.
In the same line of reasoning, the Human Rights Committee observed in its general comment
No. 22 that “the freedom to ‘have or to adopt’ a religion or belief necessarily entails the freedom
to choose a religion or belief, including the right to replace one’s current religion or belief with
another or to adopt atheistic views, as well as the right to retain one’s religion or belief”.
2
See Human Rights Committee, general comment No. 22, para. 2.