A/HRC/9/25
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on Civil and Political Rights (ICCPR), the International Convention on the Elimination of Racial
Discrimination (ICERD), the Rome Statute of the International Criminal Court, and
the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief.
12. There is no specific treaty on issues related to religion however. Although in its
resolution 1781 (XVII) the General Assembly in 1962 requested that a draft declaration and a
draft convention on the elimination of all forms of religious intolerance be prepared, it is only in
1981 that the Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief was adopted. This suggests the complexity of the subject and the
lack of consensus on key issues.
13. Technically speaking, the declaration is not a binding instrument, but it is considered
the most comprehensive elaboration of the relevant norms contained in ICCPR and the
Universal Declaration of Human Rights. The declaration addresses two broad themes, religious
freedom and protection from discrimination. There is no provision regarding incitement to
religious hatred and violence in the Declaration but this issue is covered in article 20 (2) of
ICCPR.
Freedom of religion or belief
14. Freedom of religion or belief has received considerable attention since the founding of the
United Nations. The United Nations Charter does not explicitly mention freedom of religion or
belief, however its human rights provisions provide the normative framework.2 Since then, many
resolutions and the core human rights treaties have been adopted, which deal with freedom of
religion or belief directly and indirectly.
15. Article 18 of the Universal Declaration of Human Rights outlines the parameters of
freedom of religion or belief. It provides that “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 teaching, practice, worship and observance.”
16. Article 18 of ICCPR provides that “1. Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have or to adopt 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. 2. No
one shall be subject to coercion which would impair his freedom to have or to adopt a religion or
belief of his choice. 3. Freedom to manifest one’s religion or beliefs 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.” Article 1 of the Declaration has
similar language.
2
Among the purposes of the Organization, as set out in article 1 of the Charter is to “promote
and encourage respect for human rights and for fundamental freedoms for all without distinction
as to ... religion”. Articles 13, 55 and 56 also deal with human rights.
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