A/67/303
(c) States should reform any family law provisions that may amount to
de jure or de facto sanctions against converts and their families. This concerns
the various areas of family law, including custody of children and inheritance
laws;
(d) States should issue anti-discrimination legislation with a view to
providing effective protection against discrimination on the grounds of religion
or belief in various areas of society. Such legislation should also address the
vulnerable situation of converts;
(e) States should ensure that no individual is exposed to pressure to
convert against her or his will in the context of marriage and marriage
negotiations. In this regard, States should pay particular attention to the
situation of women. Aligning family laws with article 16 (1) of the Universal
Declaration of Human Rights, according to which religious difference should
not be an obstacle to the right to marry a person of one’s choice, could be one
important way of protecting potential spouses from pressure to convert against
their will;
(f) States should further clarify that freedom of religion or belief
includes the right to try to convert others by non-coercive means of
communication and persuasion. This includes, inter alia, the dissemination of
literature and other material relating to religion or belief;
(g) States should repeal vague provisions against so-called
“proselytism”, “unethical conversion”, “apostasy” and “blasphemy” and should
reform respective legislation to align it with the provisions of article 18 (3) of the
International Covenant on Civil and Political Rights.
70. With regard to different areas of administration, the Special Rapporteur
recommends that:
(a) States should ensure that converts are able to have their new
religious or belief orientation registered or not registered in official documents
as they wish. This should also include the religion or belief of their children, in
keeping with the provisions of the Convention on the Rights of the Child. When
issuing official documents, States should always ensure that no person is
publicly exposed in her or his religion or belief against her or his will;
(b) States should ensure that no person is exposed to situations in which
she or he may experience pressure to convert or reconvert against her or his
will, especially in State-controlled institutions, such as the police force, the
military or penal institutions;
(c) States should develop strategies on how to provide effective
protection of converts from acts or threats of violence and other pressure from
non-State actors;
(d) States should give clear direction and training to law enforcement
and similar agencies to ensure that they refrain from unduly infringing on the
right to try to convert others by means of non-coercive persuasion;
(e) States should not use visa rules to restrict non-coercive religious
outreach activities;
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