A/HRC/4/21
page 16
46.
In line with this reasoning, the Special Rapporteur follows the approach of interpreting
the scope of application for freedom of religion or belief in a large sense, bearing in mind that
manifestations of this freedom may be subject 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. Rosalyn Higgins, who is currently President of the International Court of
Justice and was a member of the Human Rights Committee when its general comment No. 22
was drafted, “resolutely opposed the idea that States could have complete latitude to decide what
was and what was not a genuine religious belief. The contents of a religion should be defined by
the worshippers themselves; as for manifestations, article 18, paragraph 3, existed to prevent
them from violating the rights of others”. (CCPR/C/SR.1166, para. 48.) A similar statement
was made by Abdelfattah Amor in his 1997 report to the Commission on Human Rights. There,
the second mandate-holder emphasized that, apart from the legal courses available against
harmful activities, “it is not the business of the State or any other group or community to act as
the guardian of people’s consciences and encourage, impose or censure any religious belief or
conviction”. (E/CN.4/1997/91, para. 99)
47.
In this regard it seems to be particularly worrying when a religious community is
empowered - either de jure or de facto - to decide about or to veto the registration of another
religious or belief group. The Special Rapporteur would like to reiterate that registration should
not be a precondition for practising one’s religion, but only for the acquisition of a legal
personality and related benefits. Furthermore, registration procedures should be easy and quick
and they should neither depend on reviews of the substantive content of the belief nor on
extensive formal requirements. Thus, requiring high minimum membership levels or a lengthy
existence in the country concerned are no appropriate criteria for registration.
IV. CONCLUSIONS AND RECOMMENDATIONS
48.
The number and seriousness of mandate-related allegations received by the Special
Rapporteur lead to the conclusion that the protection of freedom of religion or belief and
the implementation of the 1981 Declaration on the Elimination of All Forms of Intolerance
and Discrimination Based on Religion or Belief is far from being a reality. Governments
should redouble their efforts to uphold the provisions in their everyday work and
non-governmental organizations may continue to exercise their role as public watchdogs
and also inform on national best practices. Numerous differing approaches in various
countries may be noted and there still is a huge gap between rhetoric and practice in many
instances.
49.
The principles contained in the 1981 Declaration need to be further disseminated
among lawmakers, judges and civil servants but also among non-State actors. It is of the
utmost importance to promote the ideals of tolerance and understanding through
education, for example by introducing human rights standards in school curricula and
through the training of the teaching staff. Religious tolerance can only be acquired if
people learn from their earliest childhood about the existence and distinctive
characteristics of other religious or faith-based communities. There is an urgent need to
eliminate the root causes of intolerance and discrimination and to remain vigilant with
regard to freedom of religion or belief worldwide. It is equally crucial to depoliticize issues
relating to religion or belief and to bring the discussion fully within the framework of
human rights.