The concept of human rights did not appear suddenly. Rather, it is the result of a natural evolution to which various peoples, religions, and civilizations have contributed. This gradual development of human rights is closely linked to the concept of religious freedom. which, in turn, has been a key driver in promoting the concept of freedom in general. The evolution began with the Code of Hammurabi the world’s first written law. the world’s first written law the Persian Code of Cyrus which allowed the people of Mesopotamia to keep their religion. then Constantine (Emperor of Rome) who legalized Christianity, putting an end to the persecution of this group. up to the Treaty of Westphalia which ended the 30-year war between Catholics and Protestants in Europe. which enshrined official acceptance of the freedom to practice either religion. and obligated states to protect their minorities of other faiths. in exchange for the non-intervention of external forces in the name of protecting them. Finally, the City Charterwhich also protected the rights of religious and ethnic minorities.
International and Regional Human Rights Conventions and
Treaties
The international protection of human rights often takes the form of
conventions, also called: treaties, covenants, instruments, or protocols, and
represents a legal obligation for contracting states. Unless stated
otherwise, states acceding to or ratifying the convention have the right to
make reservations on one or more of its articles. However, based on
international law, states should adopt the necessary measures to ensure
conformity between their domestic legislation and the provisions of the
treaties they acceded to. Moreover, several international conventions
provide for the establishment of a follow-up mechanism.
In addition to that, regional human rights conventions issued at the
continental level, whether at the European, American, African, or Arab
levels, include texts that have highlighted the importance of religious
freedom.
conventions, also called: treaties, covenants, instruments, or protocols, and
represents a legal obligation for contracting states. Unless stated
otherwise, states acceding to or ratifying the convention have the right to
make reservations on one or more of its articles. However, based on
international law, states should adopt the necessary measures to ensure
conformity between their domestic legislation and the provisions of the
treaties they acceded to. Moreover, several international conventions
provide for the establishment of a follow-up mechanism.
In addition to that, regional human rights conventions issued at the
continental level, whether at the European, American, African, or Arab
levels, include texts that have highlighted the importance of religious
freedom.
Throughout the years, countries around the world sought to promote,
guarantee, and protect FoRB. They did so by enacting their own laws,
ratifying international conventions and treaties protecting this freedom, and
organizing conferences to discuss FoRB-related issues and conflicts and
find solutions to them, in addition to publishing annual reports to showcase
the impact of violations and best practices that countries face in this regard.
In the twentieth century, since the end of WWII, there has been emerging
interest at the international and regional levels in religious freedom,
together with its relation to FoRB. This interest materialized in the UN
Charter, the Universal Declaration of Human Rights, the two Covenants, a
set of regional conventions, and finally, a dedicated UN Declaration on the
Elimination of all Forms of Intolerance and Discrimination based on
Religion or Belief, followed immediately by the appointment of a UN
rapporteur on FoRB, an important milestone to protect this right which is
rooted in human dignity.
guarantee, and protect FoRB. They did so by enacting their own laws,
ratifying international conventions and treaties protecting this freedom, and
organizing conferences to discuss FoRB-related issues and conflicts and
find solutions to them, in addition to publishing annual reports to showcase
the impact of violations and best practices that countries face in this regard.
In the twentieth century, since the end of WWII, there has been emerging
interest at the international and regional levels in religious freedom,
together with its relation to FoRB. This interest materialized in the UN
Charter, the Universal Declaration of Human Rights, the two Covenants, a
set of regional conventions, and finally, a dedicated UN Declaration on the
Elimination of all Forms of Intolerance and Discrimination based on
Religion or Belief, followed immediately by the appointment of a UN
rapporteur on FoRB, an important milestone to protect this right which is
rooted in human dignity.
For example
American Convention on Human Rights (1969)
We find that American Convention on Human Rights (1969), in its Article 12 , entitled“Freedom of conscience and religion”.
Emphasizes that: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to maintain or change one’s religion or beliefs, as well as the freedom to profess and disseminate one’s religion or beliefs, either individually or together with others, in public or in private.”
Emphasizes that: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to maintain or change one’s religion or beliefs, as well as the freedom to profess and disseminate one’s religion or beliefs, either individually or together with others, in public or in private.”
European Convention on Human Rights (1950)
The European Convention on Human Rights (1950), Article 9 states: “Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.” As for Article 8 of the African Charter on Human and People’s Rights, it has tackled religious freedom by focusing on the fact that: “freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms”.
Arab Charter on Human Rights (1994)
When it comes to the Arab Charter on Human Rights (1994), Article 16 of
its original version considered that: “The freedom of thought, conscience
and opinion is guaranteed to everyone” and Article 27 considered that:
“Persons from all religions have the right to practice their faith. They also have the right to manifest their opinions through worship, practice or teaching without jeopardizing the rights of others. No restrictions of the exercise of the freedom of thought, conscience and opinion can be imposed except through what is prescribed by law”. The most recent version (2004) also guaranteed FoRB in Article 30 which stipulates that “Everyone has the right to freedom of thought, conscience and religion and no restrictions may be imposed on the exercise of such freedoms except as provided for by law”.
its original version considered that: “The freedom of thought, conscience
and opinion is guaranteed to everyone” and Article 27 considered that:
“Persons from all religions have the right to practice their faith. They also have the right to manifest their opinions through worship, practice or teaching without jeopardizing the rights of others. No restrictions of the exercise of the freedom of thought, conscience and opinion can be imposed except through what is prescribed by law”. The most recent version (2004) also guaranteed FoRB in Article 30 which stipulates that “Everyone has the right to freedom of thought, conscience and religion and no restrictions may be imposed on the exercise of such freedoms except as provided for by law”.
The Special Rapporteur on Freedom of Religion or Belief
The Special Rapporteur on Freedom of Religion or Belief
Historical background
A few years after the adoption of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief in 1981, in the context of the international system’s interest in legislating on FoRB, and due to increased limitations on the practice of this right, the UN created the position of “Special Rapporteur on Religious Intolerance” after RES 20/1986 was issued, and tasked him with following-up on the situation of FoRB around the world and suggesting ways to promote it.
The Special Rapporteur on freedom of religion or belief is an independent expert appointed by the United Nations Human Rights Council.
Mandate
The Special Rapporteur has been granted, by Human Rights Council resolution 6/37 (See full text in English). with the following mandate:
- To continue applying a gender perspective, inter alia, through the identification of gender-specific abuses, in the reporting process, in information collection and in recommendations;
- To continue his/her efforts in examining facts and governmental measures that contradict the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and to recommend remedial measures as appropriate;
- To identify existing and emerging obstacles to the right to FoRB and submit recommendations on ways and means to overcome such obstacles;
- To promote the adoption of measures at the national, regional and international levels to ensure the promotion and protection of the right to FoRB;
Tools and instruments
The Special Rapporteur on Freedom of Religion or Belief uses a set of
tools and instruments, to fulfill his/her mandate, most importantly:
- Referring urgent calls and allegation letters to States with regards to
cases that constitute violations of the right to FoRB, or obstacles that
stand in the way of practicing this right. - – Conducting special fact-finding visits to States.
- Submitting annual reports to the Human Rights Council and the
General Assembly about activities, trends, and working methods. - This position is currently held by Ms. Nazleh Ghanieh (UK/Iran) since 2022.
National or regional mechanisms
The EU has shown special interest in FoRB. The President of the EU Commission decided in 2016 to appoint a special envoy on FoRB and its promotion, on behalf of all EU countries. The work of the special envoy was linked to the work of the Commission for International Cooperation and Development, out of belief that the EU’s relation with countries around the world should be built on dialogue, openness, and sustainable development, which FoRB is an integral part of. Since 2004, The EU has periodically placed the issue of FoRB on the table during UN meetings, assemblies and consultations; however, there was always a set of diverging positions on the matter.
Several countries have established special offices or appointed an ambassador or special envoy in their Ministries of Foreign Affairs for the protection and dissemination of FoRB. The International Religious Freedom or Belief Alliance was established in 2020 to protect and promote FoRB. Moreover, in several parliaments around the world, “working groups” on FoRB have emerged and came together under “the International Panel of Parliamentarians for Freedom of Religion or Belief”, a global network of parliamentarians and legislators. They are committed to fighting religious persecution and promoting FoRB, as stated in Article 18 of the Universal Declaration of Human Rights.
The United States Commission on International Religious Freedom (USCIRF) is an independent government agency responsible for monitoring and promoting freedom of religion and belief around the world. The Commission was established by the International Religious Freedom Act of 1998(IRFA). signed by President Bill Clinton.
The Commission’s main mission is to assess the state of FoRB in several countries and provide recommendations to the U.S.
government on issues related to this right. It is also in charge of monitoring the state of FoRB in countries where massive FoRB
violations are committed.
The United States of America have also created a special office for religious freedom in the world, within the Department of State. The Office’s mission is limited to promoting religious freedom, as a major objective of U.S foreign policy. The Office monitors religious persecution and discrimination across the world and recommends or implements policies in the regions or countries in question. It develops programs to promote FoRB and has become active at the global level.
National or regional mechanisms
- European Union: Special Envoy for Freedom of Religion and Belief
- United States: United States Commission on International Religious Freedom
- World: International Coalition for Freedom of Religion and Belief
The European Union has shown particular interest in the topic of freedom of religion and belief. In 2016, the President of the EU Commission decided to appoint a Special Envoy on the protection and promotion of freedom of religion and belief. on behalf of the EU around the world. The work of the Special Envoy was linked to the work of the Commission for International Cooperation and Development Believing that the EU’s relationship with the countries of the world must be based on dialogue, openness and sustainable development. of which freedom of religion and belief is an integral part.
Since 2004, the European Union has periodically raised the issue of freedom of religion and belief for discussion at the United Nations. The issue has long been the subject of divergent positions at the UN on the universality of freedom of religion and belief.
The European Parliament’s Joint Group on Freedom of Religion and Belief and Religious Tolerance is also working to create legislation and policies that promote and protect these values. is working to create legislation and policies that promote and protect these values.
The United States Commission on International Religious Freedom (USCIRF) is an independent government agency responsible for monitoring and promoting freedom of religion and belief around the world. The Commission was established by the International Religious Freedom Act of 1998(IRFA). signed by President Bill Clinton.
The commission’s primary mission is to assess the state of freedom of religion and belief in various countries. and make recommendations to the U.S. government on issues related to this right. It is also tasked with monitoring the status of freedom of religion and belief in countries where there are widespread violations of freedom of religion and belief.
The U.S. has also developed a special office for Religious Freedom in the World. within the State Department. The office’s mission is to promote religious freedom as a key foreign policy objective of the United States. The office monitors religious persecution and discrimination around the world. recommends and implements policies in relevant regions or countries and develops programs to promote religious freedom. The office has become active globally.
Many countries have established special offices. or appointed an ambassador or special envoy within their foreign ministries to protect and publicize freedom of religion and belief. The International Coalition for Freedom of Religion and Belief was established in 2020 with the aim of protecting and promoting religious freedom as stipulated in Article 18 of the Universal Declaration of Human Rights.
Also at the level of parliaments. Many parliaments around the world have established “working groups” on freedom of religion and belief. all united in theInternational Association of Parliamentarians for Freedom of Religion or Belief (IAPFB). a global network of parliamentarians and legislators from around the world. committed to fighting religious persecution and promoting freedom of religion and belief. as defined in Article 18 of the United Nations Universal Declaration of Human Rights.
