coercion to have or to adopt a religion or belief and the liberty of parents and guardians to ensure religious and moral education cannot
be restricted. In interpreting the scope of permissible limitation clauses, States parties should proceed from the need to protect the
rights guaranteed under the Covenant, including the right to equality and non-discrimination on all grounds specified in articles 2, 3
and 26. Limitations imposed must be established by law and must not be applied in a manner that would vitiate the rights guaranteed
in article 18. The Committee observes that paragraph 3 of article 18 is to be strictly interpreted: restrictions are not allowed on
grounds not specified there, even if they would be allowed as restrictions to other rights protected in the Covenant, such as national
security. Limitations may be applied only for those purposes for which they were prescribed and must be directly related and
proportionate to the specific need on which they are predicated. Restrictions may not be imposed for discriminatory purposes or
applied in a discriminatory manner. The Committee observes that the concept of morals derives from many social, philosophical and
religious traditions; consequently, limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must
be based on principles not deriving exclusively from a single tradition. […]”.
Legislative issues
ICCPR
Art. 2 (2): “Where not already provided for by existing legislative or other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant,
to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.”
ICESCR
Art. 2 (1): “Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and
cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the
full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of
legislative measures.”
CEDAW
Art. 3: “States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.”
1981 Declaration of the General Assembly
Art. 7: “The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that
everyone shall be able to avail himself of such rights and freedoms in practice.”
E/CN.4/2006/5
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Art. 4 (2): “All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination.”