A/HRC/8/18
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B. Freedom of religion or belief under the Universal Declaration
of Human Rights and the International Covenant on Civil and
Political Rights
6.
The Universal Declaration of Human Rights outlines the main elements of the exercise of
freedom of religion or belief. Article 18 provides that everyone has the right “either alone or in
community with others and in public or private, to manifest his religion or belief in teaching,
practice, worship and observance”. According to article 18 (1) of the International Covenant on
Civil and Political Rights, the freedom to manifest one’s religion includes freedom of “worship,
observance, practice and teaching”,2 which could be exercised “either individually or in
community with others and in public or private”.
7.
The freedom to manifest one’s religion may be subject to certain limitations, envisaged in
paragraph 18 (3) of the International Covenant on Civil and Political Rights. Such limitations
must be “prescribed by law” and “necessary to protect public safety, order, health or morals or
the fundamental rights and freedoms of others”. The Human Rights Committee has emphasized
that limitations imposed must not be applied in a manner that would vitiate the rights guaranteed
in article 18. According to the Committee, paragraph 3 of article 18 is to be strictly interpreted:
restrictions are not allowed on grounds not specified there, even if they would be allowed as
restrictions to other rights protected in the Covenant, such as national security. Limitations may
be applied only for those purposes for which they were prescribed and must be directly related
and proportionate to the specific need on which they are predicated. Restrictions may not be
imposed for discriminatory purposes or applied in a discriminatory manner.3
8.
Freedom of movement, as set out in article 13 of the Universal Declaration of
Human Rights and article 12 of the International Covenant on Civil and Political Rights, is an
important precondition for the exercise of many rights and freedoms, including the freedom
to manifest one’s religion. According to article 12, paragraph 3, freedom of movement may be
subject to certain restrictions; however these must be “consistent with the other rights recognized
in the Covenant”.
2
See Human Rights Committee, general comment 22, paragraph 4: “The freedom to manifest
religion or belief in worship, observance, practice and teaching encompasses a broad range of
acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to
belief, as well as various practices integral to such acts, including the building of places of
worship, the use of ritual formulae and objects, the display of symbols, and the observance of
holidays and days of rest. The observance and practice of religion or belief may include not only
ceremonial acts but also such customs as the observance of dietary regulations, the wearing of
distinctive clothing or head coverings, participation in rituals associated with certain stages of
life, and the use of a particular language customarily spoken by a group. In addition, the practice
and teaching of religion or belief includes acts integral to the conduct by religious groups of their
basic affairs, such as the freedom to choose their religious leaders, priests and teachers, the
freedom to establish seminaries or religious schools and the freedom to prepare and distribute
religious texts or publications.”
3
Human Rights Committee, general comment 22, paragraph 8.
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