A/63/161
69. The State cannot impose or interpret limitations in a way that would
jeopardize the essence of the right concerned. Consequently, forcing someone
who wishes to take up a public post to take an oath swearing his or her
allegiance to a certain religion may amount to coercion by the State and would
violate the individual’s freedom of religion or belief. Similarly inconsistent with
article 18 (2) of the International Covenant on Civil and Political Rights would
be citizenship policies or practices which restrict access to education, medical
care, employment, humanitarian assistance or social benefits in order to compel
believers or non-believers to adhere to, recant or change their religious beliefs.
70. Measures that discriminate on the basis of religion or belief, or lead to
de facto discrimination on such grounds, violate human rights standards.
Consequently, it would be contrary to the principle of non-discrimination to
restrict citizenship to people with certain religious beliefs or to deny official
documents based on the applicant’s religious affiliation. It is also a
discriminatory State practice to restrict public posts to members of certain
religions or to require candidates to adhere to a particular denomination of the
dominant religion in that State. However, the principle of equality may require
States to take affirmative action in order to diminish or eliminate conditions
which cause or help to perpetuate discrimination. Thus, reserving a certain
proportion of seats in legislatures to members of religious minorities might be a
case of legitimate differentiation as long as such action is needed to correct
discrimination in fact.
71. Measures that limit the freedom of religion or belief must pursue a
legitimate aim and be proportionate to the aim. Furthermore, any assessment
as to the necessity of a limitation should be based on objective considerations.
72. It would be a legitimate aim were a State to ask for the religious affiliation
of its citizens, for example, within the framework of conducting a national
census that will allow the State to analyse issues related to freedom of religion
or belief. However, the burden of justifying a limitation upon human rights
such as freedom of religion or belief or the individual’s right to privacy lies
with the State.
73. Laws imposing limitations on the exercise of human rights should not be
arbitrary or unreasonable. If the State wishes to mention religious affiliation on
official documents, various categories of affiliation, including open-ended ones,
need to be provided. It is never sufficient to provide as the only possibility a
choice from a limited number of officially recognized religions; there should
also be the possibility for the individual to indicate “other religion” or “no
religion”, and the possibility not to divulge his or her religious beliefs at all. In
general, any indication of one’s religious affiliation should be on a voluntary
basis.
74. All limitations should be interpreted in the light and context of the
particular right concerned. Taking into account the nature of the positive and
negative freedom of religion or belief, applicants for official documents should
not be obliged to subscribe to specific statements with regard to their
substantive religious beliefs.
75. Governments may argue that they need to be informed of the religious
affiliation of their citizens in order to know, for example, under which
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