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religious hatred that constitutes incitement to discrimination, hostility or violence according to
article 20 (2) of ICCPR. The second mandate-holder, Abdelfattah Amor, has noted that
“proselytism is itself inherent in religion, which explains its legal status in international
instruments and in the 1981 Declaration” (A/51/542/Add.1, para. 12). The Special Rapporteur
has also held that missionary activity is accepted as a legitimate expression of religion or belief
and she has emphasized that missionary activity cannot be considered a violation of the freedom
of religion and belief of others if all involved parties are adults able to reason on their own and if
there is no relation of dependency or hierarchy between the missionaries and the objects of the
missionary activities.
(g)
The right of parents to ensure the religious and moral education of their children
18. The liberty of parents or legal guardians to ensure the religious and moral education of
their children in conformity with their own convictions is not always respected. Some small
children are denied access to the religious education in accordance with the choice of their
parents or are even compelled to receive religious instruction against their wishes. The Final
Document of the 2001 International Consultative Conference on School Education in Relation to
Freedom of Religion or Belief, Tolerance and Non-Discrimination notes, inter alia, “the right of
parents, families, legal guardians and other legally recognized caregivers to choose schools for
their children, and to ensure their religious and/or moral education in conformity with their own
convictions, and with such minimum educational standards as may be laid down or approved by
the competent authorities, in a manner consistent with the procedures followed in the State for
the application of its legislation and in accordance with the best interest of the child”.
Furthermore, children from families of religious minorities are sometimes forced, against the
wishes of their families and perhaps against their own will, to marry members of the majority
religion and to adopt their faith. The girl child appears to be particularly vulnerable to such
human rights violations.
(h)
Registration
19. The Special Rapporteur has noted that domestic registration requirements appear often to
be used as a means to limit the right of freedom of religion or belief of members of certain
religious communities. However, freedom of religion or belief is not limited to members of
registered religious communities. Consequently, registration should not be a precondition for
practising one’s religion, but may only be appropriate for the acquisition of a legal personality
and related benefits. In the latter case, registration procedures should be easy and quick and not
depend on extensive formal requirements in terms of the number of members or the time a
particular religious group has existed. No religious group should be empowered to decide about
the registration of another religious group. Finally, re-registration requirements that operate
retroactively or fail to protect vested interests should also be questioned and an adequate
transition period should be envisaged concerning the application of new registration rules.
(i)
Communicate with individuals and communities on religious matters at the national
and international level
20. Persons belonging to minorities have the right to establish and maintain, without any
discrimination, free and peaceful contacts with other members of their group and with persons