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understandings face coercion from within their religious communities, which
sometimes happens, the State is obliged to provide protection. It should be noted in
this regard that the autonomy of religious institutions falls within the forum
externum dimension of freedom of religion or belief which, if the need arises, can be
restricted in conformity with the criteria spelled out in article 18, paragraph 3, of the
International Covenant, while threats or acts of coercion against a person may affect
the forum internum dimension of freedom of religion or belief, which has an
unconditional status. In other words, respect by the State for the autonomy of
religious institutions can never supersede the responsibility of the State to prevent or
prosecute threats or acts of coercion against persons (e.g., internal critics or
dissidents), depending on the circumstances of the specific case.
61. In addition, freedom of religion or belief includes the right to establish new
religious communities and institutions. The issue of equality between men and
women has in fact led to splits in quite a number of religious communities, and
meanwhile, in virtually all religious traditions, reform branches exist in which
women may have better opportunities to achieve positions of religious authority.
Again, it cannot be the business of the State directly or indirectly to initiate such
internal developments, which must always be left to believers themselves, since
they remain the relevant rights holders in this regard. What the State can and should
do, however, is to provide an open framework in which religious pluralism,
including pluralism in institutions, can unfold freely. An open framework
facilitating the free expression of pluralism may also improve the opportunities for
new gender-sensitive developments within different religious traditions, initiated by
believers themselves.
5.
Protection gaps in family law
62. Religions and belief systems frequently include normative rules regulating
community life. Communitarian norms originating from religious or other
conscientious convictions are generally covered by freedom of religion or belief
which, inter alia, protects “practice” in the broad sense of the word. However, it is
important to bear in mind that this happens in the indirect mode that characterizes
the human rights approach in general. As explained earlier, human rights protection
cannot be directly accorded to religious norms or value systems as such. Rather,
human rights empower human beings as rights holders, inter alia by facilitating the
free profession of their normative convictions and by enabling them to organize
their community life in conformity with their religious and ethical persuasions.
States should create suitable conditions for religious or belief communities in this
regard, while at the same time bearing in mind the rights of individuals who should
be able to develop their own life plans and to express their personal convictions,
including critical and dissenting views. This is not an easy task.
63. Additional complications emerge in States that directly enforce religious
norms in certain areas of society, particularly norms concerning issues of marriage,
family life, child custody, divorce and inheritance. Denominational family laws and
personal status laws enforced by the State are a reality in many countries. They
mostly reflect traditional understandings of gender roles connected with unequal
rights of men and women. Many such denominational family laws may restrict
women’s rights to choose a spouse according to their own wishes; they may reflect
unequal rights of men and women in questions of divorce, sometimes even
permitting the husband to repudiate his wife unilaterally; they may furthermore
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