A/HRC/19/60
not illegal, as the status of freedom of religion or belief prevails over any acts of State
registration;
(d)
States should offer appropriate options and procedures for religious or
belief communities to achieve a status of legal personality if they so wish.
Administrative procedures for obtaining such a status should be enacted in a spirit of
servicing the full enjoyment of freedom of religion or belief for everyone and should
thus be quick, transparent, fair, inclusive and non-discriminatory;
(e)
All registration decisions must be based on clearly defined formal
elements of law and in conformity with international law. Registration should neither
depend on extensive formal requirements in terms of the number of members and the
time a particular community has existed, nor should it depend on the review of the
substantive content of the belief, the structure of the community and methods of
appointment of the clergy;
(f)
States should ensure that no religious community has, de jure or de
facto, the possibility to exercise a “veto” or otherwise influence the decision to register
or not to register another religious or belief group;
(g)
States have to provide effective legal remedies for individuals or groups
complaining about the denial or arbitrary delay of registration as a legal personality;
(h)
States should refrain from arbitrarily stripping certain religious or belief
communities of legal status positions they had possessed before as an instrument of
exercising control or marginalizing groups deemed not to fit into the cultural make-up
of the country;
(i)
When offering a privileged legal status position for certain religious or
belief communities or other groups, such a specific status should be accorded in strict
conformity with the principle of non-discrimination and should fully respect the right
to freedom of religion or belief of all human beings;
(j)
Any specific status positions given by the State to certain religious or
belief communities or other groups should never be instrumentalized for purposes of
national identity politics, as this may have detrimental effects on the situation of
individuals from minority communities.
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