A/HRC/37/49
“Religious States”
(a)
52.
A subset of these countries, considered to be “religious States”, explicitly identify as
confessional States; or States which officially propagate a particular religion and encourage
their citizens to do likewise. These States, typically, possess systems of support that, in
effect, grant the official religion a monopoly in religious and State affairs. In doing so,
religious States take a proactive interest in the preservation and propagation of State
religions — an endeavour that, at times, conflicts with a range of other obligations that
must also be observed in order to both realize freedom of religion or belief for all persons
and protect a range of other human rights.
53.
Government efforts to secure and preserve the monopoly that State religions have in
the public affairs of these countries often involve: (a) the application of high levels of
restrictions on the rights of individuals that do not subscribe to the majority religion; (b) a
high degree of regulation of the institutions and associations of minority religions; and (c) a
propensity to enforce religious precepts of the State religion. As such, religious States are
more likely to discriminate against minority religions and tend to place high levels of
restrictions on freedom of religion or belief of all.
54.
In some of these countries, members of non-favoured religions are prohibited from
engaging in public acts of religious expression among members of the favoured religion,
and places of worship used by the former are often placed under government surveillance in
order to ensure that members of the favoured religion do not attend religious services held
on those premises. Governments may also prohibit women from praying in public or
impose dress codes on them. Moreover, the conversion of religious minorities to the State
religion is encouraged, but conversions away from the predominant religion is antithetical
to the State’s interests and therefore strongly discouraged or even sanctioned. This also
means that proselytism by minority religions or beliefs to members of the dominant religion
is either strongly discouraged or prohibited.
55.
Some religious States constitutionally reserve an important position and role for the
religious precepts of the State religion, for example by requiring religious doctrine to be “a
source” or “the source” of legislation or by prohibiting the adoption of laws that contravene
religious doctrine. Such entanglements between the political organizations of the State and
religious authority and governance often result in the mainstreaming of religious laws
within the State’s legislative, executive and judicial activities. This includes laws that
define the relationship religious States have with minority religions and those that govern
personal status laws, including laws that govern matters such as sexual and reproductive
rights, marriage, divorce, child custody and inheritance.
56.
Members of a particular faith may enjoy privileged access to public office, including
by reserving the office of the head of State or head of Government or other senior positions
for members of that faith. Women may also be excluded from holding certain public posts,
such as Head of State or certain positions in the judiciary. There can also be governmental
control of clerical positions within the dominant religion.
57.
Religious instruction may be compulsory in public schools or the authorities may in
other ways interfere with the freedom of religion or belief of children or with parental rights
regarding the education of their children. Religious minorities might face severe restrictions
in the dissemination of knowledge about their traditions or in the training of their clerical
order.
58.
Several States with official or preferred religions restrict religion or belief by
formally banning certain religious groups. Among those countries in the world that have
this kind of ban in place, 44 per cent are countries with an official State religion, while 24
per cent are countries that have a preferred or favoured religion. Banning of religious
groups is much less common among States that do not have an official or preferred religion,
with only three countries in this category maintaining formal bans on particular groups in
2015. 29 In addition to States criminalizing atheism, the use of anti-blasphemy and anti-
29
Ibid.
13