A/67/303
legitimize pressure on converts or members of minorities, for example to make them
reconvert to their previous religion or to follow mainstream religions or beliefs.
3.
Freedom of “choice” — appropriateness of the term
59. The most fundamental objection against the right to freedom of religion or
belief in the field of conversion is directed at the concept of “choice”, which lies at
the very heart of this human right. It has been argued that the language of “choice”
does not appropriately reflect the existential dimension of a deep religious or
philosophical conviction and the sense of belonging and loyalty that goes with any
profound conviction. The Special Rapporteur shares the view that religion or belief
is not just an item within a catalogue of commodities that individuals may take or
leave according to their personal tastes or preferences. However, a similar statement
could be made about marriage and partnership and other important human life
issues. Obviously, the “choice” of a spouse should not resemble the selection of an
item from a catalogue. So again, the language of “choice”, as it comes up in human
rights discourses on marriage and family life, inevitably fails to reach the existential
significance of such an intimate relationship and sense of profound loyalty to which
it is attached. Yet, having a right to free “choice” concerning partnership and
marriage, as enshrined in international human rights documents, remains important,
especially in the face of such phenomena as enforced marriage or child marriage,
which, to this day, continue to exist.
60. The concept of “choice” makes sense especially in the sphere of law, including
human rights law. Obviously, the language of law cannot reflect the full range of
human experiences. In this regard, law has insurmountable limitations that one
should always bear in mind. It remains true that a person’s existential experience, be
it in the field of religion or belief or in relation to marriage and other important
human life issues, may go far beyond the understanding of just making a “choice”.
The legal language of human rights is not supposed to replace such experience, and
it is by no means intended to lead to a “commodified” understanding of religion or
belief or other significant issues relating to human life and human communities. The
opposite is true. By establishing legal safeguards against different forms of
coercion, human rights norms can arguably even contribute to the achievement of
higher degrees of sincerity, earnestness, authenticity, profoundness, loyalty and
commitment in questions of religion or belief.
61. It would thus be utterly wrong to delegitimize the concept of “choice” in the
area of religion or belief, a concept particularly important when it comes to
safeguarding the human rights of converts or those trying to convert others by
means of non-coercive persuasion. Protecting every human being’s freedom of
“choice” is a perfectly appropriate way to institutionalize, in the specific sphere of
human rights law, the axiomatic respect that is due to all human beings by virtue of
their inherent human dignity. Respect for human dignity, however, necessarily
implies respecting the various deep convictions and commitments of all human
beings by legally guaranteeing their freedom to have and adopt a religion or belief
of their own “choice”.
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