A/HRC/34/50
especially since the right to freedom of religion or belief is not contingent upon recognition
or registration by the State.
26.
Although international law does not provide a definition of what a religion is, the
scope of what is protected by the right to freedom of religion or belief must be construed
broadly, covering theistic, non-theistic and atheistic beliefs, as well as the right not to
profess any religion or belief. It is, therefore, not limited to traditional, mainstream or
“recognized” religions and practices.
27.
There cannot be a meaningful right to freedom of religion or belief unless it includes
the freedom to change one’s religion or belief. Although the International Covenant on
Civil and Political Rights and the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief are less explicit than article
18 of the Universal Declaration of Human Rights in endorsing the right to change one’s
religion, the Human Rights Committee provided greater clarity in its general comment No.
22 (1993). In particular, it stressed that the right to “have or to adopt” a religion or belief
necessarily entailed 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, as well as the right
to retain one’s religion or belief. This language – “including the right to change one’s
religion or belief” – is also consistently reflected in resolutions on freedom of religion or
belief adopted by consensus by the General Assembly and the Human Rights Council.5 The
Special Rapporteur notes that this provision refers specifically to the internal dimension of
freedom of thought, conscience, religion or belief (often referred to as forum internum),
which enjoys unconditional and unqualified protection and cannot be restricted, limited,
interfered with or derogated from under any circumstances, including during times of
public emergency.
28.
Policies or practices that do not, prima facie, target the adoption of a particular
religion or belief may still amount to a violation of article 18 (2) of the International
Covenant on Civil and Political Rights if they are intended to impair an individual’s ability
to freely hold, adopt or change their religion or belief, or if they have such an effect.
Examples of indirect yet impermissible restrictions on the forum internum could include
limitations on access to education, medical care or employment, or family law matters, such
as custody of children, which have the ultimate effect of impairing the individual’s ability
to freely hold, adopt or change his or her religion or belief. The Special Rapporteur notes,
however, that such determinations are highly fact-specific and must be determined on a
case-by-case basis so as to not vitiate substantive provisions of article 18 of the Covenant.
29.
The right to freedom of religion or belief encompasses all aspects of religious or
belief-related life, including protections for religious and non-religious convictions,
conscience-based positions and manifestations of the beliefs and practices related to them.
This spectrum, in turn, includes the right to freely, and without undue burden or
unreasonable interference, develop religious or belief-related identities, to bear witness to
one’s beliefs by freely communicating with fellow believers or non-believers, to organize
and enjoy community life based on common or shared beliefs, formal and informal
education related to the transmission of one’s belief system to members of the community
(particularly children) or others, and the management of institutions, such as charitable
organizations, related to these beliefs.
30.
While international human rights law allows, with high thresholds, for certain
restrictions related to the manifestation of one’s religion or beliefs (often referred to as
5
10
See General Assembly resolutions 62/157, 63/181, 64/164, 65/211, 66/168, 67/179, 68/170, 69/175,
70/158 and 71/196; and Human Rights Council resolutions 16/13, 19/8, 22/20, 25/12, 28/18 and
31/16.