E/CN., 4/1989/44
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1.
The right to have, to manifest and to practise the religion
or belief of one's choice (Declaration, arts. 1 and 6)
89. The fundamental freedom to have a religion or whatever belief of one's
choice (art. 1) is mentioned in different forms with a number of variations in
the information transmitted to the Special Rapporteur. For example, some
countries mention in their Constitutions the freedom to profess any religious
faith or to have no religious belief. Sometimes reference is made to the
freedom for every individual to profess the religious belief of his
preference. Elsewhere, the ideological and religious freedom of individuals
is guaranteed; in another case, the Fundamental Law guarantees the
inviolability of the freedom of belief and conscience, free confession of
religion and the conception of the universe. Sometimes the freedom to
propagate a religion or belief is also mentioned in legislation. Some
countries expressly refer in their legislation to the freedom of the
individual to change his belief or to abandon the belief he had. So as to
guarantee that no constraint is exercised in this sphere, it is sometimes laid
down that no one is obliged to reveal his religious beliefs. Provisions are
also found according to which no State body, social group or individual may
force a citizen to embrace a religion or not to practise it. Some legislations
mention the right of conscientious objection and the right not to be obliged
to perform military service against the dictates of one's conscience.
Provision is made for numerous penal guarantees so as to conserve the
fundamental right to have the religion or belief of one's choice, particularly
against any act of defamation or abuse against a religion or belief, against
the threat or use of force against persons, groups or organizations so as to
compel them to take part in the practice of a creed, religion or belief, or to
take oath without their consent, or against the obligation to reveal their
reliqion. Lastly, mention may be made of a number of preventive measures
designed to encourage understanding and tolerance towards groups with
different reliqions or beliefs, like the measures taken to implement laws on
multicultural situations and laws on education.
90. The other freedoms mentioned in article 6 (b)-(i) of the Declaration are
also mentioned in various ways in the legislations of the States concerned,
althouqh rarely in full. The freedom to worship is generally guaranteed,
although subject to restrictions which must, nearly always, be prescribed by
law. Provision is often made for penal guarantees in the event of the
disturbance or prevention of religious ceremonies or incitement to such acts.
91. Reference is sometimes made to the fact that churches, denominations and
religious communities acquire legal status once certain formalities are
complied with. In other cases, no provision is made for laws to establish a
reliqion. Some leqislations make express provision for the entitlement of
reliqious bodies to have ownership and other rights over their institutions,
foundations and other assets for the purposes of worship or for educational or
charitable purposes, or the right of churches and denominations to create and
encourage associations and foundations. Similarly, certain legislations admit
the riqht to the freedom to make, acquire and use to an adequate extent the
necessary articles and materials related to the rites or customs of a religion
or belief and provide for penalties for those who profane objects of worship.
The freedom to write, print and disseminate publications on a religion or
belief is often the subject of provisions of a general nature dealing with the