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and collective freedoms derived from the common right to religious freedom for all individuals
and groups, and in particular for religious minorities. The right to religious freedom and the
legal guarantee of that right arising therefrom constitute, according to the Vatican, the sources
and the basis of peaceful coexistence. The legal guarantees provided by the State for the
freedom of every individual and every group to profess their religious beliefs provide a measure
of a society’s respect for other fundamental rights. Furthermore, even if for historic reasons a
State grants special protection to one religion in particular, it must nevertheless safeguard the
personal and collective freedoms of religious minorities derived from the common right to
religious freedom in civil society.
127. With regard to international law, the Pontifical Council for Justice and Peace considers
that any initiative to adopt an international convention on religious freedom might, in the present
circumstances run into difficulties in relation to the achievements of the 1981 Declaration,
whence the need, according to the Council, to strengthen the mandate of the Special Rapporteur
on religious intolerance. With reference to the 1981 Declaration and the International Covenant
of 1966, covering not only freedom of religion but also freedom of belief, which according to the
Council arose from a political compromise, it made the point that the specificity of religion
should be preserved against the danger of it being reduced to culture and, more generally, against
the danger of it being denatured.
128. With regard to domestic legislation, the Council considers that most national laws
governing religious freedom, recently adopted in Eastern European countries, are inadequate,
which appears inevitable in view of the flaws affecting those societies and democracies. In
view of the hasty output of incomplete legislation influenced by a variety of interests, it
would be better to provide guidance in the form of technical assistance by the Office of the
High Commissioner for Human Rights and the Special Rapporteur on religious intolerance rather
than merely criticize. The problem of attempts by the State authorities to control religious
matters, for instance by requiring the official registration of all religious organizations, arises not
only in Europe, but also in other continents. The Council’s view is that there is no such thing as
an ideal legislative model, that it is not up to the State to define religion, but that while the
attributes of religion are reasonably clear, it is preferable to establish a certain number of rules.
Depending on the situation in individual countries, especially in regard to their political maturity,
the Vatican has in some cases called for legislation to protect the Catholic community. In any
event, especially in the case of groups of a problematic religious nature, it is considered that the
State should interfere under the exceptions provided by international law (see in particular the
notion of ordre public). The Council concluded that this uneasy tension between law and
freedom of religion shows that the solution does not always lie in a legislative approach.
C. Position in relation to States
129. The Vatican maintains diplomatic relations with a 171 States. In the last 20 years, under
the Pontificate of John Paul II, the number has risen substantially (from 90 States previously).
The establishment of diplomatic relations has generally followed a request by the State
concerned and has been based on criteria such as the absence of territorial problems and of
flagrant, institutionalized human rights violations. The Vatican’s agreements with States have of
course been designed to benefit the Catholic community, but they have also benefited other
Christian communities, which can take advantage of the conditions obtained by the Vatican. It