A/67/303
C.
Right to try to convert others by means of non-coercive persuasion
66. In addition, many States impose tight legislative or administrative
restrictions on communicative outreach activities. This may unduly limit the
right to try to convert others by means of non-coercive persuasion, which itself
constitutes an inextricable part of freedom of religion or belief. Moreover,
many such restrictions are conceptualized and implemented in a flagrantly
discriminatory manner, for instance, in the interest of further strengthening the
position of the official religion or dominant religion of the country while
further marginalizing the situation of minorities. Members of religious
communities that have a reputation of being generally engaged in missionary
activities may also face societal prejudices that can escalate into paranoia,
sometimes even leading to acts of mob violence and killings.
D.
Rights of the child and of his or her parents
67. The Special Rapporteur has also received reports of repressive measures
targeting children of converts or members of religious minorities, including
with the purpose of exercising pressure on them and their parents to reconvert
to their previous religion or to coerce members of minorities to convert to more
socially “accepted” religions or beliefs. Such repressive activities may violate
the child’s freedom of religion or belief and/or the parents’ right to ensure an
education for their children in conformity with their own convictions and in a
manner consistent with the evolving capacities of the child.
E.
Recommendations to various actors
68. In general, the Special Rapporteur calls upon States to consistently
respect, protect and promote the human right to freedom of religion or belief in
the area of conversion. He reiterates that the right of conversion and its
correlate, the right not to be forced to convert or reconvert, belong to the forum
internum dimension of freedom of religion or belief, which has the status of
unconditional protection under international human rights law. Furthermore,
freedom of religion or belief includes the right to try to persuade others in a
non-coercive manner. Any restrictions on missionary activities deemed
necessary by States must therefore meet all the criteria set out in article 18 (3)
of the International Covenant on Civil and Political Rights. The rights of the
child and of his or her parents must be effectively guaranteed, including in the
context of conversion issues.
69. With regard to domestic legal provisions, including constitutions, legal
statutes, by-laws and official interpretations of laws, the Special Rapporteur
recommends that:
(a) States should clarify that the human right to freedom of religion or
belief includes the right to convert and the right not to be forced to convert,
both of which are unconditionally protected;
(b) States should repeal any criminal sanctions that directly or indirectly
threaten punishment against converts;
12-46130
21