A/HRC/52/38
Based on Religion or Belief outlines that: no one is to be subject to discrimination by any
State, institution, group of persons, or person on the grounds of religion or belief; and
“intolerance and discrimination based on religion or belief” means any distinction, exclusion,
restriction or preference based on religion or belief and having as its purpose or as its effect
nullification or impairment of the recognition, enjoyment or exercise of human rights and
fundamental freedoms on an equal basis.
19.
The obligation to uphold the freedom of religion or belief relates both to the having,
adopting and changing of religion or belief, including in public and with others, as well as
the manifesting of religion or belief in worship, observance, practice and teaching, which is
detailed in article 6 of the Declaration.
20.
The mandate holder is not naïve as to the politicization of religion or freedom of
religion or belief around the world. This politicization may emerge, intentionally or otherwise,
by those who seek office, politicians, Governments or other actors. Politicization is implicit
in the references to various instances of violations contained in Human Rights Council
resolution 49/5. The mandate holder will be closely guided by a victim-centred approach,
grounded in the actual experiences of intolerance and discrimination on grounds of religion
or belief or of other human rights violations in the name of religion or belief. In an already
highly polarized space, the Special Rapporteur aims to stand for human rights principles and
standards in a sober, focused and inclusive manner.17
A.
International and regional standards
21.
Freedom of religion or belief is upheld in a wide range of international and regional
standards, which serves to further underscore its universality. A number of those standards
will be set out below in chronological order, with a view to substantiating the wide normative
support that this freedom enjoys.
22.
Article 18 of the Universal Declaration of Human Rights states that everyone has the
right to freedom of thought, conscience and religion; this right includes freedom to change
his religion or belief, and freedom, either alone or in community with others and in public or
private, to manifest his religion or belief in teaching, practice, worship and observance.
23.
Article 9 of the European Convention on Human Rights guarantees that: (a) everyone
has the right to freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief, in worship, teaching practice and
observance; and (b) freedom to manifest one’s religion or beliefs is subject only to such
limitations as are prescribed by law and are necessary in a democratic society in the interests
of public safety, for the protection of public order, health or morals or for the protection of
the rights and freedoms of others.
24.
Article 18 of the International Covenant on Civil and Political Rights upholds that: (a)
everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to have or to adopt a religion or belief of his choice, and freedom, either individually
or in community with others and in public or private, to manifest his or her religion or belief
in worship, observance, practice and teaching; (b) no one is to be subject to coercion which
would impair his or her freedom to have or to adopt a religion or belief of his or her choice;
(c) freedom to manifest one’s religion or beliefs may be subject only to such limitations as
are prescribed by law and are necessary to protect public safety, order, health, or morals or
the fundamental rights and freedoms of others; and (d) States parties to the Covenant
undertake to have respect for the liberty of parents and, when applicable, legal guardians to
ensure the religious and moral education of their children in conformity with their own
convictions. Article 27 of the Covenant upholds that, in those States in which ethnic, religious
or linguistic minorities exist, persons belonging to such minorities are not to be denied the
right, in community with the other members of their group, to enjoy their own culture, to
profess and practise their own religion, or to use their own language.
17
GE.23-00741
Human Rights Council resolution 5/2, annex, art. 13 (b).
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