A/67/303
50. Parents from minorities or converts may run the risk of losing the right to have
custody of their own children. In conflicts between parents of different religious or
belief-related orientations, for example in the context of divorce settlements, parents
from minorities or converts frequently suffer discriminatory treatment. In such
situations, children often cannot express their views in an open, non-intimidating
atmosphere, which is required to respect their right to be heard. As a result of an
insensitive or discriminatory handling of such complicated situations, children are
alienated from their parents or families, with traumatic consequences for all. This
can amount to grave violations of the rights of the child, as well as a serious
violation of freedom of religion or belief of the parents.
D.
Widespread misunderstandings
51. Freedom of religion or belief in the broad field of conversion is not only
violated in practice; it is sometimes also questioned in principle. In discussions with
representatives of Governments, members of various religious or belief communities
and other stakeholders in society and academia, the Special Rapporteur has come
across perceptions and conceptualizations that may lend intellectual support to
undue infringements, in particular of the rights of converts and those trying to
convert others by means of non-coercive persuasion. He therefore briefly addresses
some typical misunderstandings.
1.
Disruption of peace and harmony
52. The most widespread objection against the right to try non-coercively to
convert others concerns the fear that this may lead to a disruption of societal peace
and interreligious harmony. A number of Governments have taken up such objections
and turned them into a general argument of “public order” which they use to restrict
the right to try to convert others even if such attempts are undertaken by means of
strictly non-coercive persuasion. In many cases, such restrictions, for example
against “proselytism” or “unethical conversions” (see A/60/399, paras. 44-45)
remain overly broad, vaguely defined or even discriminatory, thus failing to satisfy
the criteria set out in article 18 (3) of the International Covenant on Civil and
Political Rights.
53. With regard to this issue, the Special Rapporteur emphasizes that he obviously
shares an interest in promoting peaceful relations among people of different
religions or beliefs. He further notes that freedom of religion or belief itself should
be seen as conducive to peace. This is reflected, for example, in the 1948 Universal
Declaration of Human Rights, which proclaims in its preamble that respect for
human rights constitutes “the foundation of […] freedom, justice and peace in the
world”.
54. The peace facilitated by human rights in general and freedom of religion or
belief in particular is built on due recognition of people’s most diverse convictions
and concomitant practices. This includes respect for the rights of individuals to
communicate on questions of religion or belief, reach out across communities and
State boundaries, broaden their own horizons or try to persuade others in a
non-coercive manner. Thus, a society respectful of freedom of religion or belief for
everyone, as guaranteed in international human rights law, will likely be a
religiously pluralistic society, with open boundaries among different communities
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