A/HRC/6/5
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8.
Violations and limitations of the freedom to adopt, change or renounce a religion or belief
are unacceptable and still occur too often. The Special Rapporteur has identified four broad types
of situations in this regard:
− Situations, where State agents try to convert, reconvert or prevent the conversion of
persons, for example by threatening to kill them or their relatives, depriving them of
their liberty, torturing and ill-treating them or threatening to dismiss them from their
jobs;
− Situations, where religious conversion is prohibited by law and punished accordingly,
e.g. through arrests for “apostasy” charges, suspension of all contracts and inheritance
rights, the annulment of marriages, loss of property or the removal of children;
− Situations, where members of majority religious groups seek to convert or reconvert
members of religious minorities by violent means, including cases where believers
attack members of minority religious groups or their places of worship with the aim of
converting them;
− Situations, where so-called “unethical” conversions have been reported, i.e. where
members of religious groups try to convert other people by “unethical” means such as
the promise of material benefit or by taking advantage of the vulnerable situation of the
person whose conversion is sought. In the view of the Special Rapporteur, it would not
be advisable to criminalize non-violent acts performed by non-State actors in the
context of the propagation of their religion, because that may pave the way for
persecution of religious minorities. She recommends that cases of alleged “unethical”
conversion be addressed on a case-by-case basis, examining the context and
circumstances in each individual situation and dealt with in accordance with the
common criminal and civil legislation. The Special Rapporteur is therefore of the
opinion that the adoption of laws criminalizing in abstracto certain acts leading to
“unethical” conversion should be avoided, in particular where these laws could apply
even in the absence of a complaint by the converted person.
2. Freedom from coercion
9.
Article 18 (2) of ICCPR states that “[n]o one shall be subject to coercion which would
impair his freedom to have or to adopt a religion or belief of his choice”. The term “coercion” is
to be broadly interpreted and includes the use of threat of physical force or penal sanctions by a
State to compel believers or non-believers to adhere to their religious beliefs and congregations,
to recant their religion or belief or to convert as well as policies or practices having the same
intention or effect. Consequently, a law prohibiting conversion would constitute a State policy
aiming at influencing individual’s desire to have or adopt a religion or belief and is therefore not
acceptable under human rights law. Furthermore, each State also has the positive obligation of
ensuring that the persons on their territory and under their jurisdiction, including members of
religious minorities, can practise the religion or belief of their choice free of coercion and fear.