A/HRC/13/40/Add.3 Rights of All Migrant Workers and Members of Their Families. Apart from the latter convention,3 Serbia has ratified all of the other above-mentioned human rights treaties. 6. In addition, various United Nations bodies, including the General Assembly and the Human Rights Council, have issued relevant declarations and resolutions on freedom of religion or belief. Of these instruments, of particular relevance for the mandate are articles 2, 18 and 26 of the Universal Declaration of Human Rights and the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. C. Domestic legal framework on freedom of religion or belief 7. According to article 11 of the Constitution, Serbia is a secular State, churches and religious communities are separated from the State, and no religion may be established as a State or mandatory religion. According to its article 21, all direct or indirect discrimination based on any grounds, inter alia on religion, is prohibited. Freedom of thought, conscience, belief and religion as well as the right to retain one’s belief or religion or change them by choice are guaranteed by article 43 of the Constitution. Furthermore, no person has the obligation to declare his religious or other beliefs. Parents and legal guardians have the right to ensure the religious and moral education of their children in conformity with their own convictions. 8. Pursuant to article 43 of the Constitution, freedom of manifesting religion or beliefs may be restricted by law only if it is necessary in a democratic society to protect the lives and health of people, the morals of democratic society, the freedoms and rights guaranteed by the Constitution, public safety and order, or to prevent the inciting of religious, national and racial hatred. In addition, activities of political parties aiming at a forced overthrow of the constitutional system and violations of guaranteed human or minority rights, inciting racial, national or religious hatred are prohibited by article 5 of the Constitution. 9. Article 44 of the Constitution states that churches and religious communities are equal and free to organize independently their internal structure, religious matters, to perform religious rites in public, to establish and manage religious schools, social and charity institutions, in accordance with the law. The Constitutional Court may ban a religious community only if its activities infringe the right to life, the right to mental and physical health, the rights of the child or the right to personal and family integrity, public safety and order, or if it incites religious, national or racial intolerance (article 44 of the Constitution). 10. The 2006 Law on Churches and Religious Communities provides for the status of legal entity for churches and religious communities that are registered in accordance with the law. Article 10 of the law explicitly names five “traditional” churches (the Serbian Orthodox Church, the Roman Catholic Church, the Slovak Evangelical Church, the Christian Reformed Church and the Evangelical Christian Church) and two “traditional” religious communities (the Islamic community and the Jewish community) as those which, in Serbia, have historical continuity spanning centuries and whose legal status was gained on the basis of special laws. Article 11 emphasizes that the Serbian Orthodox Church has played an exceptional historical, nation-building and civilizing role in the shaping, preservation and development of the identity of the Serbian people. 3 On 11 November 2004, the State of Serbia and Montenegro signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families but did not ratify it. 5