A/65/207
Special Rapporteur would like to reiterate that the freedom to have or to adopt a
religion or belief necessarily entails the freedom to choose a religion or belief,
including the right to replace one’s current religion or belief with another or to adopt
atheistic views. 8 Article 18 of the International Covenant on Civil and Political
Rights protects theistic, non-theistic and atheistic beliefs, as well as the right not to
profess any religion or belief.
B.
Deprivation of the right to life, liberty or security of person
because of religion or belief and cases of torture and arbitrary
arrest or detention
11. As evidenced in the Special Rapporteur’s reports on cases transmitted to
Governments and replies received, 9 many individuals have been deprived of their
right to life, liberty or security of person because of religion or belief and have been
subjected to arbitrary arrest or detention and torture on that account. Those human
rights violations seem to particularly affect members of religious minorities. Their
vulnerable situation is aggravated when Governments target religious minorities by
registering names and harassing those individuals. States are not only obliged to
protect their own citizens; they also must ensure that no one within their jurisdiction
suffers from human rights abuses and must bring to justice all perpetrators of
violations of these rights.
12. Interreligious or intrareligious tensions, if not adequately addressed, may lead
to large-scale communal violence. Such tensions have unfortunately caused the
death of numerous individuals. While noting that the reasons for such violence may
be manifold and complex, the Special Rapporteur has also observed that the
violence often unfolds along religious lines and that the instigators of this violence
find that they can gain more support if they put their arguments in religious terms.
The Special Rapporteur would like to reiterate that States are obliged to investigate
any violence that occurred, including the identification and prosecution of alleged
perpetrators, and allow victims to file claims for the damage they have suffered.
States must also ensure the protection and security of members of religious
communities which may be targeted and which should be entitled to practise their
religions freely and without any obstacles, including those placed by non-State
actors.
13. Religious convictions are occasionally put forward to justify certain harmful
practices and in some States these are incorporated in domestic legislation. For
example, in a mission report the Special Rapporteur analysed certain forms of
punishment contained in sharia penal codes. She came to the conclusion that the
punishments of stoning or amputation constitute at least cruel, inhuman and
degrading treatment that is prohibited in absolute terms by various international
conventions. 10
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8
9
10
6
See paragraph 5 of Human Rights Committee general comment No. 22 (1993), Official Records
of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), vol. I, annex VI.
A/HRC/13/40/Add.1, A/HRC/10/8/Add.1, A/HRC/7/10/Add.1, A/HRC/4/21/Add.1,
E/CN.4/2006/5/Add.1 and E/CN.4/2005/61/Add.1.
See report on the Special Rapporteur’s mission to Nigeria (E/CN.4/2006/5/Add.2, paras. 68 and
100) and her follow-up table (www2.ohchr.org/english/issues/religion/docs/followup/FUNigeria.pdf).
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