With the evolution of the concept of human rights, the Universal Declaration of Human
Rights (UDHR), drafted in 1948, highlighted the importance of fundamental freedoms,
including that of Religion and Belief. As is the case with all human rights, individuals are
the main holders of the right to FoRB which governments have the duty to protect.
Additionally, FoRB has a collective dimension, since the religious community -as a
group- enjoys specific rights, such as the right to legal recognition, the right to decide on
internal affairs, the right to choose the appropriate religious leaders, and the right to
create religious schools and provide public services.
Rights (UDHR), drafted in 1948, highlighted the importance of fundamental freedoms,
including that of Religion and Belief. As is the case with all human rights, individuals are
the main holders of the right to FoRB which governments have the duty to protect.
Additionally, FoRB has a collective dimension, since the religious community -as a
group- enjoys specific rights, such as the right to legal recognition, the right to decide on
internal affairs, the right to choose the appropriate religious leaders, and the right to
create religious schools and provide public services.
The terminology used, which most often encompassed “religion, belief, thought and
conscience”, was not only limited to general religious freedom vocabulary, but was
rather linked to another set of freedoms that are organically related to FoRB.
This right takes on a special dimension in the Arab World, given the centrality and
importance of religious affiliation in the public and private spheres; which amplifies the
state’s duty towards religious groups in recognizing, protecting and treating them
inclusively and equally, while promoting a culture of pluralism and participation in public
affairs that further enriches our communities, values, and traditions .
conscience”, was not only limited to general religious freedom vocabulary, but was
rather linked to another set of freedoms that are organically related to FoRB.
This right takes on a special dimension in the Arab World, given the centrality and
importance of religious affiliation in the public and private spheres; which amplifies the
state’s duty towards religious groups in recognizing, protecting and treating them
inclusively and equally, while promoting a culture of pluralism and participation in public
affairs that further enriches our communities, values, and traditions .
With the evolution of the concept of human rights, the Universal Declaration of Human
Rights (UDHR), drafted in 1948, highlighted the importance of fundamental freedoms,
including that of Religion and Belief. As is the case with all human rights, individuals are
the main holders of the right to FoRB which governments have the duty to protect.
Additionally, FoRB has a collective dimension, since the religious community -as a
group- enjoys specific rights, such as the right to legal recognition, the right to decide on
internal affairs, the right to choose the appropriate religious leaders, and the right to
create religious schools and provide public services.
The terminology used, which most often encompassed “religion, belief, thought and
conscience”, was not only limited to general religious freedom vocabulary, but was
rather linked to another set of freedoms that are organically related to FoRB.
This right takes on a special dimension in the Arab World, given the centrality and
importance of religious affiliation in the public and private spheres; which amplifies the
state’s duty towards religious groups in recognizing, protecting and treating them
inclusively and equally, while promoting a culture of pluralism and participation in public
affairs that further enriches our communities, values, and traditions .
This right has been mentioned and highlighted in a large number of UN resolutions and
international treaties, including:
This right has been mentioned and highlighted in a large number of UN resolutions and
international treaties, including:
Article 1 of the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief:
Article 18 of the International Covenant on Civil and Political Rights of 1948
Article 18 of the 1948 Universal Declaration of Human Rights
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Everyone has the right to freedom of thought, conscience and religion. this right includes freedom to change his religion or belief, In religion or any belief he chooses, and freedom Show a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. Freedom to manifest one’s religion or belief may be subject 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.
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– Everyone has the right to freedom of thought, conscience and religion. This includes the freedom to to have a religionand the freedom to embrace any religion or belief of his or her choiceand the freedom to manifest His religion or belief in worship, observance of rituals, practice and teaching, alone or with a group, in public or private. No one shall be subject to cion which would impair his freedom to have or to adopt a religion or belief of his choice. • It is not permissible to subject Human’s freedom to manifest his religion or belief, except 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 States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
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Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
Article 18 of the 1948 Universal Declaration of Human Rights
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Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have a religion or whatever belief of
his choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
religion. This right shall include freedom to have a religion or whatever belief of
his choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
Article 18 of the International Covenant on Civil and Political Rights of 1948
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– Everyone has the right to freedom of thought, conscience and religion. This includes the freedom to to have a religionand the freedom to embrace any religion or belief of his or her choiceand the freedom to manifest His religion or belief in worship, observance of rituals, practice and teaching, alone or with a group, in public or private. No one shall be subject to coercion That would impair his freedom to profess a religion, or his freedom to adopt any religion or belief of his choice. • It is not permissible to subject Freedom of man to manifest his religion or belief, except 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 States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious
and moral education of their children in conformity with their own convictions.
order, health or morals or the fundamental rights and freedoms of others. • The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious
and moral education of their children in conformity with their own convictions.
Article 1 of the Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief: 1981 UN
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– Everyone has the right to freedom of thought, conscience and religion. This right includes the freedom to to believe religion or any belief of his choice and freedom Show His religion or belief through worship, rituals, practice and teaching. whether alone or with a group. publicly or privately. – It is not permissible to expose anyone be subjected to coercion that limits their freedom to have a religion or belief of their choice. – No one shall be not be subjected to the freedom to manifest one’s religion or belief except as may be prescribed by by law such limitations as are necessary to protect public safety, public order, public health, public morals, or the fundamental rights and freedoms of others.
In sum, FoRB-related UN documents underscore four (4) crucial elements:
Second element
Confirm that: Reaffirming that “FoRB and Freedom of Expression (FoE) are
interrelated, interdependent, and mutually reinforcing”
The fourth element
Emphasizing that “everyone has the right to freedom of thought, conscience and religion or belief, which includes the freedom to have or not to have, or to adopt, a religion or belief of one’s choice…”
First element
Confirm that: Reaffirming that “all human rights are universal, indivisible
and interdependent and interrelated” . This is essential to understand the
human rights system that is based on the interdependence and indivisibility of
rights, as one right needs to be understood in relation to the other.
The third element
That religion or belief, for those who believe in it, is one of the basic elements of ” their conception of life” and that freedom of religion or belief must be fully respected and guaranteed.
In short, the United Nations documents related to freedom of religion and belief confirm four (4) extremely important elements:
First element
Confirm that: Reaffirming that “all human rights are universal, indivisible
and interdependent and interrelated” . This is essential to understand the
human rights system that is based on the interdependence and indivisibility of
rights, as one right needs to be understood in relation to the other.
Second element
Confirm that: Reaffirming that “FoRB and Freedom of Expression (FoE) are
interrelated, interdependent, and mutually reinforcing” .
The third element
: That religion or belief, for those who believe in it, is one of the basic elements of ” their conception of life” and that freedom of religion or belief must be fully respected and guaranteed.
اThe fourth element
Emphasizing that “everyone has the right to freedom of
thought, conscience and religion or belief, which includes the freedom to have or not to have, or to adopt, a religion or belief of one’s choice…”
In addition,
international human rights systems have given significant attention to
religious freedom and have exclusively dedicated numerous articles in various UN
treaties and declarations to it, since the inception of its charter in 1945, when this international organization took it upon itself to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”
This was also reiterated by the Convention against Discrimination in Education (1960),
the International Convention on the Elimination of All Forms of Racial Discrimination
(1965), as well as article 26 of the International Covenant on Civil and Political Rights
(1966) which stipulates that “all persons are equal before the law and are entitled
without any discrimination to the equal protection of the law… [that] shall
guarantee to all persons equal and effective protection against discrimination on
any ground such as race, color, sex, language, religion, … or other status.”
Moreover, international human rights treaties and conventions have considered FoRB a
fundamental individual right to be safeguarded, especially for those who are particularly vulnerable to violations. Consequently, many successive conventions have included this right, in one way or another. Conventions mentioning religious freedom include but are not limited to:
In addition,
international human rights systems have given significant attention to
religious freedom and have exclusively dedicated numerous articles in various UN
treaties and declarations to it, since the inception of its charter in 1945, when this international organization took it upon itself to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”
This was also reiterated by the Convention against Discrimination in Education (1960),
the International Convention on the Elimination of All Forms of Racial Discrimination
(1965), as well as article 26 of the International Covenant on Civil and Political Rights
(1966) which stipulates that “all persons are equal before the law and are entitled
without any discrimination to the equal protection of the law… [that] shall
guarantee to all persons equal and effective protection against discrimination on
any ground such as race, color, sex, language, religion, … or other status.”
Moreover, international human rights treaties and conventions have considered FoRB a
fundamental individual right to be safeguarded, especially for those who are particularly vulnerable to violations. Consequently, many successive conventions have included this right, in one way or another. Conventions mentioning religious freedom include but are not limited to:
What does FoRB include then?
The explanation of Article 18 by the UN in 1993, through the General Comment 22, clarified the following:
- Religious freedom is “far-reaching and profound”.
- It encompasses the right to choose any religion, as well as the right not to choose any, i.e., the right to atheism, and agnosticism among others.
- Each religious community has the right to manage its own key affairs and to organize itself internally.
- The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, nor in any discrimination against adherents to other religions or non-believers. It has therefore recognized states’ right to link their regime or legislation to the religion of the majority, a portrayal of democracy, on the condition that this does not lead to any form discrimination before the law towards other religious groups.
What does FoRB include then?
The explanation of Article 18 by the UN in 1993, through the General Comment 22, clarified the following:
- Religious freedom is “far-reaching and profound”.
- It encompasses the right to choose any religion, as well as the right not to choose any, i.e., the right to atheism, and agnosticism among others.
- Each religious community has the right to manage its own key affairs and to organize itself internally.
- The fact that a religion is recognized as a state religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, nor in any discrimination against adherents to other religions or non-believers. It has therefore recognized states’ right to link their regime or legislation to the religion of the majority, a portrayal of democracy, on the condition that this does not lead to any form discrimination before the law towards other religious groups.
:Some consider that FoRB is only limited to
The right that others be considerate of these rituals and dogmas (i.e., not
insulting, profaning or denigrating them).
The right to exercise these rights privately or publicly, individually or
collectively.
The right to perform and observe rituals.
One’s right to choose or change his/her religion and to manifest it.
However, Article 18 of the ICCPR further details these rights and includes the right to
religious education as well as parents’ and legal guardians’ right to determine the religious and moral education of their children in conformity with their own convictions
Some consider that FoRB is only limited to:
One’s right to choose or change his/her religion and to manifest it.
The right to perform and observe rituals.
The right to exercise these rights privately or publicly, individually or
collectively.
The right that others be considerate of these rituals and dogmas (i.e., not
insulting, profaning or denigrating them).
However, Article 18 of the ICCPR further details these rights and includes the right to
religious education as well as parents’ and legal guardians’ right to determine the
religious and moral education of their children in conformity with their own convictions.
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief also adds the following FoRB components:
- to worship or assemble in connection with a religion or belief, and to establishand maintain places for these purposes. to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes.
- to establish and maintain appropriate charitable or humanitarian institutions.
- 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.
- to write, issue and disseminate relevant publications in these areas.
- to teach a religion or belief in places suitable for these purposes.
- Freedom to seek and receive voluntary contributions, both financial and non-financial, from individuals and institutions.
- Freedom to form, appoint, elect, or designate leaders as needed to meet the requirements and standards of any religion or belief.
- Freedom to observe days of rest and celebrate holidays and perform rituals in accordance with the teachings of one’s religion or belief.
- To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief also adds the following FoRB components:
-
- to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes. to worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes.
- to establish and maintain appropriate charitable or humanitarian institutions.
- 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.
- to write, issue and disseminate relevant publications in these areas.
- to teach a religion or belief in places suitable for these purposes.
- Freedom to seek and receive voluntary contributions, both financial and non-financial, from individuals and institutions.
- Freedom to form, appoint, elect, or designate leaders as needed to meet the requirements and standards of any religion or belief.
- Freedom to observe days of rest and celebrate holidays and perform rituals in accordance with the teachings of one’s religion or belief.
- to establish and maintain communications with individuals and communities
in matters of religion and belief at the national and international levels.
It should also be noted that some global organizations working on promoting and protecting FoRB, such as Stefanus Alliance International, have also developed this concept and put forward additional dimensions in the “FoRB for everyone” booklet,
namely:
- The rights of parents and guardians and the rights of the child.
- The right to partnership and legal recognition, i.e., for citizens with different religions to be considered as full, equal partners in citizenship and before the
law. - The right to conscientious objection, i.e., “protecting people from being forced to act against their conscience and the core of their beliefs, especially regarding the use of weapons or deadly force. Therefore, those who genuinely hold beliefs that forbid military service should be given an alternative national service” .
Over the years, reports by the Special Rapporteur on Freedom of Religion and Belief have integrated all of the above-mentioned dimensions, in addition to shedding light on FoRB for groups that are most vulnerable to violations, such as women, children, prisoners, refugees, foreign workers, and minorities..
It should also be noted that some global organizations working on promoting and
protecting FoRB, such as Stefanus Alliance International, have also developed this
concept and put forward additional dimensions in the “FoRB for everyone” booklet,
namely:
- Non-coercion.
- Freedom from discrimination.
- The rights of parents and guardians and the rights of the child.
- The right to partnership and legal recognition, i.e., for citizens with different
religions to be considered as full, equal partners in citizenship and before the
law. - The right to conscientious objection, i.e., “protecting people from being forced to act against their conscience and the core of their beliefs, especially regarding the use of weapons or deadly force. Therefore, those who genuinely hold beliefs that forbid military service should be given an alternative national service”.
Over the years, reports by the Special Rapporteur on Freedom of Religion and Belief
have integrated all of the above-mentioned dimensions, in addition to shedding light on FoRB for groups that are most vulnerable to violations, such as women, children,
prisoners, refugees, foreign workers, and minorities..
Given the difficulty in defining terms and the implications of these definitions on how freedom is granted and practiced in reality, the drafters of international treaties and conventions have purposefully made sure to use all terms, i.e., “religion”, “belief”, “conscience”, and “thought” to enable the largest possible number of groups to benefit from this freedom. They have gone even further and enabled every individual to have his own thought/ conscience/ belief/ religion, the freedom to choose and practice it, and to disseminate it, without any definitions or limitations that could restrict this freedom.
But, why are some terms considered problematic when speaking of FoRB?
As previously stated, article 18 of the UDHR stipulates that: “Everyone has the right to
freedom of thought, conscience and religion (…)”. Article 18 of the ICCPR also uses
the same wording and adds a new expression: “This right shall include freedom to have
or to adopt a religion or belief of his choice”. This raises an important question of why
the UN uses these different terms, how it defines them, and how they should be
understood in different contexts.
