This document sets out key provisions of international legal instruments for the defense of human rights and other accepted international standards on the protection of freedom of religion.
Primary information resource: http://www.uscirf.gov/reports-briefs/human-rights-documents/international-human-rights-standards-selected-provisions
A. EVERYONE HAS THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
The Universal Declaration of Human Rights of 1948 (UDHR), Article 18:
Every person has the right to freedom of thought, conscience and religion; This right includes the freedom to change religion or creed, as well as the freedom to manifest one's religion or creed, both individually and collectively, in public and private, through teaching, practice, worship and observance.
International Covenant on Civil and Political Rights of 1966 (ICCPR), Article 18:
Everyone has the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or creed of his choice, and freedom, whether individually or in community with others and in public or private, to manifest his religion or creed in worship, observance, practice and teaching.
No one shall be subject to coercion that could impair his freedom to have or adopt a religion or creed of his choice.
The freedom to manifest one's religion or belief may be subject only to those qualifications prescribed by law and necessary to protect public safety, order, health, moral principles or the fundamental rights and freedoms of others.
The Member States of this Convention undertake to respect the freedom of parents and, where appropriate, legal guardians to ensure the religious and moral education of children in accordance with their own convictions.
In general, according to the UN Human Rights Committee (HRC), the body that verifies compliance of the treaty body for compliance and conformity with the ICCPR:
Article 18 of the International Covenant on Civil and Political Rights protects theistic, non-theistic and atheistic beliefs. The terms “creed” and “religion” should be interpreted broadly. Article 18 is not limited in its application to traditional religions or to religions and creeds with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or creed, for any reason, including the fact that it is newly established, or represents religious minorities that may be subject to hostility from a predominant religious community.
— Human Rights Committee (HRC) General Comment No. 22 (1993)
European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (ECHR), Article 9:
Every person has the right to freedom of thought, conscience and religion; This right includes the freedom to change religion or creed, as well as the freedom to manifest one's religion or creed, both individually and collectively, in public and private, in worship, teaching, practice and observance.
Helsinki Final Law of 1975, Principle VII:
Participating States shall respect the human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, of everyone, without distinction as to race, sex, language or religion.
UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Creed of 1981 (UN Declaration of 1981), Article 1:
(1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to have a religion or any creed of his choice, and the freedom, whether individually or in community with others and in public or private, to manifest his religion or creed in worship, observance, practice and teaching. . (2) No one shall be subject to coercion that would impair his freedom to have a religion or creed of his choice. (3) The freedom to manifest one's religion or beliefs may only be subject to those qualifications prescribed by law and which are necessary to protect public safety, order, health, moral principles or fundamental rights and freedoms. fundamentals of others.
The components of the right to freedom of thought, conscience and religion or belief include:
- Freedom to change religion or belief [ DUDH , Article 18, ECHR , Article 9(1), OSCE Copenhagen Document, Article 9(4)]
- Freedom to have or adopt a religion or belief of one's own choice [ ICCPR Article 18(1)]
It necessarily carries with it the freedom of choice of a religion or creed, including the right to replace one's current religion or creed with another or to adopt atheistic views, as well as the right to maintain one's own religion or creed;
There are no exceptions allowed to this freedom, and
No individual may be forced to reveal his thoughts or adherence to a religion or creed.
— HRC General Comment No. 22 (paras. 3, 5)
- Freedom from coercion that would impair the freedom of the individual to have or adopt a religion or creed of his or her choice [ ICCPR, Article 18(2) and 1981 UN Declaration, Article 1(2)]
There are no exceptions allowed on this freedom.
The same protection is enjoyed by those who hold all types of beliefs of a non-religious nature.
Examples of impermissible coercion that would impair the right to have or adopt a religion or belief include:
The use of threat of physical force or criminal sanctions to compel believers or non-believers to adhere to specific beliefs and congregations, to recant their religion or creed, or to convert them, and
Policies or practices that have the same intent or effect, such as those that restrict political rights protected by Article 25 of the International Covenant on Civil and Political Rights (ICCPR) or access to education, health care, or employment
— HRC General Comment No. 22 (para. 5)
- Freedom to manifest Religion or Creed in Worship, Observance, Practice, and Teaching [ DUDH, Article 18, ICCPR, Article 18(1), 1981 UN Declaration, Article 1, OSCE Vienna Document, Art (d) [sic. 16.4]]
This freedom can be exercised in public or private, individually or in community with others.
This freedom, at a minimum, includes the following freedoms:
To worship or assemble in connection with religion or creed, and to establish and maintain, including the construction of places of worship, places of free access for these purposes;
To establish and maintain appropriate institutions for charitable or humanitarian purposes, and religious seminaries or schools,
To make, acquire and use to an appropriate degree the necessary articles and materials related to the rites or customs of a religion or creed, including the use of ritual formulas and objects, the display or exhibition of symbols, the observance of dietary rules, using distinctive clothing or head coverings, participation in rituals associated with certain stages of life, and the use of a particular language commonly spoken by a group;
Write, publish and disseminate relevant publications in these areas,
Teaching a religion or creed in places suitable for those purposes,
Request and receive voluntary financial contributions and other contributions from individuals and institutions,
Organize, train, appoint, elect, appoint by succession, or replace suitable leaders, priests and teachers established according to the requirements and standards of any religion or creed,
Observe days of rest and celebrate festivities and ceremonies in accordance with the precepts of one's religion or creed, and
Establish and maintain communications with individuals and communities on matters of religion and creed on a national and international level.
- Permissible Exceptions to Freedom to Manifest one’s Religion or Creed [ ICCPR, Article 18(3) and 1981 UN Declaration, Article 1(3)]
Freedom to manifest one's religion or belief may be subject only to those qualifications prescribed by law and necessary to protect public safety, order, health or moral principles or the fundamental rights and freedoms of others.
No exception may be made to freedom of thought, conscience and religion, even during “times of public emergency that threaten the life of the nation.” ( ICCPR, Article 4(2) and UDHR, Articles 29 and 30)
Qualifications must be established by law and must not be applied in a way that could pervert the rights guaranteed in article 18.
Article 18, paragraph 3, must be interpreted strictly: exceptions on grounds not specified therein are not permitted, even if they would be permitted as exceptions to other rights protected in the Convention (for example, a reservation based on national security is inadmissible).
Provisions can only be applied for those purposes for which they were prescribed and must be directly and proportionally related to the specific need on which they are based.
The caveats cannot be imposed for discriminatory purposes or applied in a discriminatory manner.
Exceptions to the freedom to manifest a religion or creed for the purpose of protecting morality must be based on principles that are not derived exclusively from a single tradition or religion.
Persons already subject to certain legitimate restrictions, such as prisoners, continue to enjoy their rights to manifest their religion or creed to the maximum extent compatible with the specific nature of the restriction.
— HRC General Comment No. 22 (para. 8)
Nothing in the Universal Declaration of Human Rights may be interpreted as conferring any right on any State, group or person to carry out any activity or carry out any act aimed at the destruction of any of the rights and freedoms established in said document.
—UDHR,Article 30
B. PEOPLE BELONGING TO RELIGIOUS MINORITIES SHALL NOT BE DENIED THE RIGHT, IN COMMUNITY WITH OTHER MEMBERS OF THEIR GROUP, TO PROFESS AND PRACTICE THEIR OWN RELIGION
[ ICCPR, Article 27, OSCE Vienna Document, Article 19, OSCE Copenhagen Document, and the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, Articles 1-2 and 4 respectively ]
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.
—ICCPR,Article 27
States shall protect the existence and national or ethnic, cultural, religious and linguistic identity of minorities in their respective territories, foster conditions for the promotion of that identity, and adopt appropriate legislative and other measures to achieve these ends.
The State “will protect and create the conditions for the promotion of national ethnic, cultural, linguistic and religious identity minorities in its territory. It will respect the free exercise of the rights of people who belong to said minorities and will ensure their full equality with others.”
C. EVERYONE HAS THE RIGHT TO EQUALITARIAN AND EFFECTIVE PROTECTION AGAINST DISCRIMINATION ON THE BASIS OF RELIGION OR CREED
[ICCPR, Articles 2(1) and 26, OSCE Vienna Document, Article 16(a), and OSCE Copenhagen Document, Article 40(1-2)]
This right includes the following components:
- States undertake to Respect and Ensure for all individuals within their territory and subject to their jurisdiction the rights recognized in the ICCPR without distinction of any kind, including religion. [ ICCPR Article 2(1)]
- All people are equal before the law and have the right without any discrimination to equal protection of the law. [ ICCPR Article 26]
- The Law Will Prohibit all discrimination and guarantee all persons Equal and Effective Protection Against Discrimination for any reason, including religion. [ ICCPR Article 26]
The application of the principle of non-discrimination contained in Article 26 of the ICCPR is not limited to those rights provided for in the Convention, and extends to prohibiting discrimination in law or in fact in any field regulated and protected by public authorities. ;
The term “discrimination” as used in the ICCPR should be understood to imply any distinction, exclusion, restriction or preference based on any factor such as race, color, sex, language, religion, political or other opinion, national origin or social, property, condition of birth or any other condition, and that has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all people, under conditions of equality, of all rights and freedoms;
The enjoyment of the proclaimed rights and freedoms on equal terms, however, does not mean identical treatment on each occasion;
The principle of equality sometimes requires Member States to take positive discrimination actions to reduce or eliminate conditions that cause or contribute to the perpetuation of discrimination prohibited by the ICCPR on Rights, and
Not all differentiation of treatment will constitute discrimination, if the criteria for such differentiation are reasonable and objective and if they are aimed at achieving a purpose that is legitimate according to the ICCPR.
—HRC General Comment No(paragraphs 7, 8, 10, 12, 13)
- Protection Against Discrimination by any State, Institution, Group of Persons or Person based on Religion or other Creed [ UN Declaration of 1981, Articles 2(1) and 4]
States must take effective measures to prevent and eliminate discrimination on grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and educational rights. cultural life.
States should make every effort to enact or repeal legislation, where necessary, to prohibit any such discrimination.
States should take all appropriate measures to combat intolerance based on religion or other beliefs on this matter.
— 1981 UN Declaration, Articles 4(1) and 4(2)
Education should be oriented towards the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. It must promote understanding, tolerance and friendship among all nations, racial or religious groups...
—UDHRArticle 26(2)
Member States “shall foster a climate of mutual tolerance and respect between believers from diverse communities, as well as between believers and non-believers.”
— OSCE Vienna Document, principle 16b [sic. 16.2]
D. STATES SHALL PROHIBIT BY LAW ALL ADVOCACY OF NATIONAL, RACIAL OR RELIGIOUS HATE WHICH CONSTITUTES INcitement TO DISCRIMINATION, HOSTILITY OR VIOLENCE [ICCPR, Article 20]
No manifestation of religion or creed may mean or be equivalent to war propaganda or advocacy of national, racial or religious hatred that constitutes an incitement to discrimination, hostility or violence... [and] Member States have the obligation to enact laws prohibiting such acts.
—HRC General Comment No(paragraph 7)
Member States must take the necessary measures to comply with the obligations contained in Article 20 of the ICCPR, and must themselves refrain from any such propaganda or apology.
—HRC General Comment No(paragraph 2)
Article 20 does not authorize or require legislation or any other action by the United States that would restrict the right of freedom of expression and association protected by the Constitution and laws of the United States.
—US caveat to ICCPR Article 20
States shall take effective measures, including the adoption of laws, to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-Semitism.
States undertake to take appropriate and proportionate measures to protect individuals or groups that may be subject to threats or acts of discrimination, hostility or violence as a result of their race, ethnicity, cultural, linguistic or religious identities, and to protect their property. .
E. THE RIGHTS OF PARENTS IN RELATION TO FREEDOM OF RELIGION OR CREED
[ ICCPR Article 18(4), OSCE Vienna Document, Articles 16(f) and 16(g)]
Member States undertake to respect the freedom of parents and legal guardians to ensure the religious and moral education of their children in accordance with their own convictions.
—ICCPR Article 18(4)
The freedom of parents or guardians to ensure religious and moral education cannot be restricted.
Public School instruction in topics such as the general history of religions and ethics is permitted if it is given in a neutral and objective manner.
Public education that includes instruction in a particular religion or creed is incompatible with ICCPR, Article 18 (4) unless provision is made for non-discriminatory exemptions or alternatives that take into account the wishes of their parents or tutors.
—HRC General Comment No(paragraphs 6 & 8)
Parents or legal guardians have the right to organize family life in accordance with their religion or creed and having in mind the moral education in which they believe the child should be educated.
Every child shall have the right to have access to education in religion or belief in accordance with the wishes of his or her parents or legal guardians, and shall not be forced to receive education in religion or belief contrary to the wishes of his or her parents or guardians. legal, with the best interests of the child being the guiding principle.
The child must be protected from all forms of discrimination based on religion or creed.
In the case of a child who is not under the guardianship of his or her parents or legal guardians, his or her expressed wishes or any other evidence of his or her wishes regarding religion or creed must be taken into account, being the best interests of the child the guiding principle.
The practices of a religion or creed in which a child is brought up must not be detrimental to his or her physical or mental health or full development, taking into account article 1(3) of this Declaration.
—UN Declaration of 1981,Article 5