A/67/303
non-coercive persuasion can be limited in conformity with the criteria prescribed in
article 18 (3) of the International Covenant on Civil and Political Rights. However,
the Special Rapporteur has the strong impression that many of the legislative or
administrative restrictions imposed by States fall far short of satisfying those
criteria. For example, vague and overly broad definitions of “proselytism”,
“unethical conversion” and related “offences” may create an atmosphere of
insecurity in which law enforcement agencies can restrict acts of religious
communication in an arbitrary manner. Some States have started to require
individuals seeking to conduct missionary activities to register, sometimes on an
annual basis. However, in view of the right to try to convert others by means of
non-coercive persuasion, registration should not be a precondition for practising
one’s religion or belief, including through missionary activities. 25
47. The Special Rapporteur has also noted with concern that restrictions are often
conceptualized and implemented in violation of the principle of non-discrimination.
In particular, States that have an official religion frequently seem to encourage
missionary activities on behalf of the country’s official religion, while at the same
time prohibiting or restricting any attempts to convert people to another religion or
belief. With regard to the concept of an official “State religion”, the Special
Rapporteur reiterates that it seems difficult, if not impossible, to conceive of an
application of this concept that in practice does not have adverse effects on religious
minorities, thus discriminating against their members (see A/HRC/19/60, para. 66).
There are also some discriminatory domestic legal provisions that give preferential
treatment to so-called “reconversions” to the forefathers’ original religion (see
A/HRC/10/8/Add.3, para. 48). Such policies and practices violate the principles of
equality and non-discrimination on which the entire architecture of human rights,
including the right to freedom of religion or belief, is based.
4.
Violations of the rights of the child and of his or her parents
48. Violations of freedom of religion or belief in the broad field of conversion
sometimes include State pressure or societal pressure on children, a phenomenon
that warrants special discussion, since it goes against the rights of parents or
guardians to ensure the religious and moral education of their children in conformity
with their own convictions and in a manner consistent with the evolving capacities
of the respective child.
49. The Special Rapporteur is deeply concerned by reports of repressive measures
targeting children, since they occur in a considerable number of countries. As well
as directly violating the rights of the affected children, such practices often seem to
pursue the illegitimate purpose of exercising pressure on their parents or guardians.
The intention may be to reconvert them to their previous religion or put pressure on
members of minorities or non-traditional religions to convert to socially “accepted”
religions or beliefs that are thought to be more in line with the traditional makeup of
the country. Measures used for such purposes include involuntary participation of
children in religious instruction as part of the mandatory school curriculum.
Sometimes, children of converts or children from a religious minority are even
urged to actively participate in religious prayers or practice religious rituals in
public schools.
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16
See E/CN.4/2005/61, paras. 55-58; A/61/340, paras. 52-54; and A/HRC/19/60, para. 41.
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