A/52/477
English
Page 17
A.
1.
Aspects of freedom of religion and belief
Right to have, manifest and practise the religion or
belief of one's choice
63. With reference to the six categories of violations resulting from the
analysis of the communications by topic (see chap. IV), the Special Rapporteur
wishes to draw attention to the following.
64. Article 1, paragraph 1, of the 1981 Declaration defines the right to
freedom of thought, conscience and religion as including freedom to have a
religion or whatever belief of one's choice, and freedom, either individually or
in community with others and in public or private, to manifest one's religion or
belief in worship, observance, practice and teaching. Article 1, paragraph 2,
adds that no one shall be subject to coercion which would impair his freedom to
have a religion or belief of his choice. Paragraph 3 of the same article
subjects the freedom to manifest one's religion or belief only 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. The
Special Rapporteur also wishes to recall general comment No. 22 (48) adopted on
20 July 1993 by the Human Rights Committee concerning article 18 of the
International Covenant on Civil and Political Rights, which deals with freedom
of thought, conscience and religion. In its comment, the Committee considers
that restrictions on the freedom to manifest religion or belief are permissible
only if they are prescribed by law, are necessary to protect public safety,
order, health or morals, or the fundamental rights and freedoms of others, and
are applied in a manner that does not vitiate the right to freedom of thought,
conscience or religion.
65. Article 6 of the 1981 Declaration lists various freedoms which, inter alia,
are implied in the right to freedom of thought, conscience, religion or belief,
namely: freedom to worship or assemble in connection with a religion or belief,
and to establish and maintain places for these purposes (see, in particular, the
fifth category, which deals with violations of the freedom to dispose of
religious property); freedom to establish and maintain appropriate charitable or
humanitarian institutions (ibid.); 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 (see the fourth category, which concerns
violations of the right to manifest one's religion or belief, fifth category);
freedom to write, issue and disseminate relevant publications in these areas
(ibid.); freedom to teach a religion or belief in places suitable for these
purposes (see the first category, which deals with violations of the principle
of non-discrimination in religion and belief, fourth and fifth categories);
freedom to solicit and receive voluntary financial and other contributions from
individuals and institutions; freedom to train, appoint, elect or designate by
succession appropriate leaders called for by the requirements and standards of
any religion or belief (see the sixth category, which concerns violations of the
right to life, physical integrity and health); freedom to observe days of rest
and to celebrate holidays and ceremonies in accordance with the precepts of
one's religion or belief (see the second category, which concerns violations of
the principle of tolerance in the area of religion and belief, fourth and fifth
categories); and freedom to establish and maintain communications with
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