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(religious) personal law a marriage should be registered. When restricting the
freedom of religion or belief, however, a State should use no more restrictive
means than are required for the achievement of the purpose of the limitation. A
less restrictive means from the individual’s perspective could be devised by the
State, for example, by providing a civil alternative for the registration of
marriages.
76. As article 12 (3) of the International Covenant on Civil and Political
Rights requires that any restrictions on the liberty of movement must be
consistent with the other rights recognized in the Covenant, it seems advisable
to remove questions in passport or visa application forms concerning the
applicant’s religious affiliation.
77. Indicating a person’s religious affiliation on official documents carries a
serious risk of abuse or subsequent discrimination based on religion or belief,
which has to be weighed against the possible reasons for disclosing the holder’s
religion.
78. Every limitation imposed should be subject to the possibility of challenge
to and remedy against its abusive application. Fundamental fairness and the
right to appeal must be guaranteed in all citizenship and administrative
procedures.
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