A/71/269 Belief of 1981 (the 1981 Declaration). Moreover, in situations in which abuses are mainly committed by non-State actors, Governments still bear a responsibility for not being willing — or not being fully able — to provide effective protection for individuals and groups whose rights are being violated. A. 1. The normative scope of freedom of thought, conscience, religion or belief Inclusive conceptualization as a consequence of universalism 11. Freedom of religion or belief does not — and indeed cannot — protect religions or belief systems themselves, that is, their various truth claims, teachings, rituals or practices. Instead, it empowers human beings — as individuals, as well as in community with others — who profess religions or beliefs and may wish to shape their lives in conformity with their own convictions. The reason for this focus on “believers rather than beliefs” (as it has been summed up succinctly) is not that human rights reflect a certain “anthropocentric world view”, as some observers have wrongly inferred. Instead, a main reason is that religions and beliefs are very different, often even irreconcilably so, in their messages and normative requirements. Religions and beliefs reflect an abundance of diverse teachings, doctrines, ideas of salvation, norms of conduct, liturgies, holidays, fasting periods, dietary customs, dress codes and other practices. Moreover, interpretations of what matters religiously may differ widely, not only between but also within religious communities. Hence, the only common denominator identifiable within such vast diversity seems to be the human being, who is the o ne professing and practising his or her religion or belief, as an individual and/or in community with others. Accordingly, human rights can only do justice to the existing and emerging diversity by empowering human beings, who indeed are the right-holders of freedom of religion or belief. This consistent focus on human beings as right -holders is also fully in line with the human rights-based approach in general. 12. Human rights are universal rights in the sense of being intimately linked to the humanness of the human being and hence of all human beings equally. In the first sentence of article 1 of the Universal Declaration of Human Rights, it is stated that: “All human beings are born free and equal in dignity and rights ”. Because of its nature as a universal human right, to which all human beings are entitled, freedom of religion or belief must be interpreted broadly. It cannot be confined to particular lists of religious or belief-related “options” predefined by States, within which people are supposed to remain. Instead, the starting point must be the self -definition of all human beings in the vast area of religions and beliefs, which includes identity-shaping existential convictions as well as various practices connected to such convictions. In paragraph 2 of its general comment No. 22 (1993) on the right to freedom of thought, conscience and religion, the Human Rights Committee corroborated such an open, inclusive understanding by clarifying that article 18 of the International Covenant on Civil and Political Rights protects theistic, non -theistic and atheistic beliefs, as well as the right not to profess any religion or belief, and that the terms “belief” and “religion” are to be broadly construed. The Human Rights Committee also stressed that article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. One should add th at freedom of religion or belief also covers the rights of members of large and small communities, 16-13296 5/22

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