A/HRC/31/18
communicative interaction with others through any media which they see fit for those
purposes. Here again, legal protection is not directly accorded to certain opinions, ideas or
expressions as such, which may be very diverse and frequently irreconcilable. Instead, the
focus lies on the freedom that individuals and groups of individuals have to hold and
exchange opinions and ideas.
16.
It should be furthermore emphasized that the two rights under discussion here are
rights of “everyone” and thus held by all human beings who should be able to exercise
them free from fear and free from discrimination. Freedom of religion or belief and
freedom of expression are not only rights to freedom, but also epitomize the principle of
equality which underpins the human-rights approach as a whole — in “recognition of the
inherent dignity and of the equal and inalienable rights of all members of the human
family” as stressed in the first sentence of the preamble of the Universal Declaration of
Human Rights
2.
Unconditional respect for the forum internum
17.
Articles 18 and 19 of the Covenant show strikingly similar legal formulations, the
most salient common feature being the conceptual distinction drawn in both articles
between the forum internum and the forum externum. This conceptual distinction appears
nowhere else in the text of the Covenant. While the wordings used to define the specific
protection of the forum internum within article 18 and article 19 are slightly different, the
basic content is identical. In both articles the protection accorded to the inner dimension of
a person’s thoughts, opinions or convictions (religious or otherwise) is strictly
unconditional.
18.
Article 18 (2) of the Covenant demands that “no one shall be subject to coercion
which would impair his freedom to have or to adopt a religion or belief of his choice”.
Similarly, article 19 (1) of the Covenant provides for the “right to hold opinions without
interference”. The Human Rights Committee has clarified that the non-coercion and noninference provisions both have the status of unconditional normative requirements. In
paragraph 3 of its general comment No. 22 (1993) on the right to freedom of thought,
conscience and religion, the Committee points out that article 18 does not permit any
limitations whatsoever on the freedom of thought and conscience or the freedom to have or
adopt a religion or belief of one’s choice, and that those freedoms are protected
unconditionally. In paragraph 9 of its general comment No. 34 (2011) on freedoms of
opinion and expression, the Committee likewise states that article 19 (1) is a right to which
the Covenant permits no exception or restriction. Such unconditional guarantees are rare in
international human rights law.
19.
A main function of both articles is to protect every individual’s inner faculty of
forming, holding or changing, inter alia, opinions, ideas, conscientious positions, religious
and non-religious convictions against coercion and interference. Exposure to coercion in
this inner nucleus, for example, by being forced to conceal one’s true position or conviction
or to feign a belief that is not authentic, can mean betraying oneself. If this happens
repeatedly or over a long period, it can undermine the preconditions for developing a stable
sense of self-respect. That experience warrants an interpretation of articles 18 (2) and 19 (1)
of the Covenant in close analogy to the unconditional prohibition of slavery7 and the
equally unconditional prohibition of torture.8 While legal restrictions against external
manifestations originating from a person’s conviction (i.e., the forum externum) may be
justifiable in certain situations (provided those restrictions fulfil strict criteria), coercive
7
8
6
See article 8 (1) of the Covenant.
See article 7 of the Covenant.