E/CN.4/1997/91
page 16
73.
The 1981 Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief also makes general provision for
the “freedom to have a religion or whatever belief of [one's] choice”. Like
the International Covenant on Civil and Political Rights, it contains no
formal, explicit statement of the right to change religion, but the omission
cannot be interpreted as betokening an intention to dilute the provisions of
the 1948 Declaration.
74.
The World Conference on Human Rights (Vienna, June 1993), while
acknowledging concerns about specifics and invoking national legislation,
strongly reaffirmed the universal nature of human rights.
75.
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.
76.
Lastly, many formulations address a single point. They have cast doubt
on the underpinnings of religious freedom and lent support to those who
believe that religious freedom cannot extend to recognition of the right to
change religion.
77.
It is now established that religious freedom cannot be dissociated from
the freedom to change religion.
78.
As long ago as 1986, Elisabeth Odio Bénito wrote of the 1948 and 1981
Declarations and the International Covenant on Civil and Political Rights
that, although they varied slightly in wording, all meant precisely the same
thing: that everyone had the right to leave one's religion or belief and to
adopt another, or to remain without any at all. That meaning, she added, was
implicit in the concept of the right to freedom of thought, conscience,
religion and belief, regardless of how the concept was presented.
79.
In its general comment 22 on article 18 of the International Covenant
on Civil and Political Rights, the Human Rights Committee reached the same
conclusion. It observes that the freedom to “have or to adopt” a religion or
belief necessarily entails a 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.
80.
The Special Rapporteur therefore emphasizes once again the right to
change religion as a legally essential aspect of religious freedom.
The right to conscientious objection
81.
The right of conscientious objection is intrinsically bound up with
religious freedom.
82.
The Special Rapporteur reminds States of Commission on Human Rights
resolution 1989/59, often reaffirmed, which recognizes “the right of everyone
to have conscientious objections to military service as a legitimate exercise
of the right to freedom of thought, conscience and religion as laid down in
article 18 of the Universal Declaration of Human Rights as well as article 18
of the International Covenant on Civil and Political Rights”. The Commission