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time of public emergency.29 Consequently, in the view of the Human Rights Committee,
freedom from coercion to have or to adopt a religion or belief and the freedom of parents and
guardians to ensure religious and moral education cannot be restricted.30 The Committee also
points out that article 18 of ICCPR protects theistic, non-theistic and atheistic beliefs, as well as
the right not to profess any religion or belief. The terms belief and religion are to be broadly
construed and article 18 is not limited to traditional religions or to religions and beliefs.
45. The Covenant permits, however, limitations on the freedom to manifest one’s religion or
beliefs “as are prescribed by law and are necessary to protect public safety, order, health, or
morals or the fundamental rights and freedoms of others.”31 In the view of the Human Rights
Committee, States parties are not free to establish limitations on the exercise of rights and
freedoms: “Limitations imposed must be established by law and must not be applied in a manner
that would vitiate the rights guaranteed in article 18.”32 The Committee also emphasizes that no
manifestation of religion or belief may amount to propaganda for war or advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
46. In addition, article 26 of the Covenant guarantees equality before the law and the equal
protection of the law. It establishes the obligation of States parties to prohibit any discrimination
and guarantee to all persons equal and effective protection against discrimination on any ground,
including race and religion. Article 27 of ICCPR provides for the rights of members of religious
minorities by ensuring their right “to profess and practice their own religion”.33 Other core
human rights treaties indicate both race and religion as prohibited grounds for any differentiation
between people as far as their human rights are concerned.34 Although the definition of the racial
discrimination formulated in article 1, paragraph 1 of ICERD does not encompass religion, it is
listed under article 5, paragraph (d) (vii). ICESCR identifies education as a tool for the
promotion of “understanding, tolerance and friendship among all nations and all racial, ethnic or
religious groups.”35
29
See article 4 of ICCPR and Human Rights Committee general comment No. 22 (1993) on
article 18 (Freedom of thought, conscience or religion), para. 1.
30
General comment 22, para. 8.
31
ICCPR, article 18, para. 3. See also CRC, article 14 and ICRMW, article 12.
32
General comment No. 22, para. 8.
33
See also CRC, article 30.
34
See e.g. ICESCR, article 2, para. 1; ICCPR, articles 2, para. 1, 4, 24 and 26; CRC, article 2,
para. 1; ICRMW, arts. 1, para. 1, and 7.
35
Article 13, para. 1.
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