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). 5

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