Countries Where People Are Denied Rights Because of Religion
STUDY GUIDE:
Freedom of Religion or Belief Copyright © 2003, 2016 University of Minnesota Human Rights Center .
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Introduction
Defining religion or belief, including the right to non-religious beliefs
The word "religion," which comes from the Latin word religare , means "to tie, to bind fast." This etymology is favored by many based on its ability to explain the power religion has over people and the communities in which they live. Religion is commonly, but not always, associated with a particular system of faith and worship of a transcendent deity or deities. In human rights discourse, however, the use of the term "religion" also includes support for the right to non-religious beliefs, such as atheism or agnosticism. In 1993 the Human Rights Committee, an independent body of 18 experts selected through a UN process, described religion or belief as "theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief."
Religious and non-religious beliefs bring hope and consolation to billions of people across the globe, and hold great potential for peace and reconciliation. They have also, however, been the source of great tension and conflict. This complexity, and the difficulty of defining "religion" and "belief" inclusively, is illustrated by the continuing struggle to protect freedom of religion or belief in the context of international human rights.
A complex and contentious issue
The struggle for religious liberty has been ongoing for centuries, and has led to innumerable, often tragic conflicts. The twentieth century saw the codification of common values related to freedom of religion and belief in numerous international treaties, declarations and conventions. The United Nations recognized the importance of freedom of religion or belief in the 1948 Universal Declaration of Human Rights (Universal Declaration), Article 18 of which states "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 [her] choice." Similar provisions can be found in Article 18 of the International Covenant on Civil and Political Rights (Civil and Political Covenant), as well as other regional and specialized human rights instruments (detailed below). However, attempts to develop an enforceable, binding document specifically related to the freedom of religion or belief have been unsuccessful.
International Covenant on Civil and Political Rights (1966)
In 1966 the UN adopted the International Covenant on Civil and Political Rights , expanding its prior statement to address the manifestation of religion or belief.
Article 18 of the Civil and Political Covenant is widely regarded as one of the most important—if not the most important—articles on freedom of religion or belief. It reads:
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.
4. 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.
Important though Article 18 is, it has not received the same international attention as other provisions of the Civil and Political Covenant. Detailed treaties, for example, have further codified the Civil and Political Covenant's prohibitions against torture, discrimination against women, and discrimination based on race. In contrast, perhaps due to the complexity of the topic and the political issues involved, Article 18 has not been elaborated and codified in the same way. Though the Civil and Political Covenant is a binding international treaty, the brief nature of attention to religious and conscious freedom leaves much to be desired.
Rights at Stake
1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief
After twenty years of debate, intense struggle and hard work, in 1981 the General Assembly made strides towards achieving the goal of introducing a treaty on freedom of religion or belief, adopting (without a vote) the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981 Declaration) . While the 1981 Declaration lacks any enforcement procedures, it remains the most important contemporary codification of the principles of freedom of religion and belief.
The 1981 Declaration contains eight articles, three of which (1, 5, and 6) define specific rights. The remaining articles act in a supportive role by outlining measures to promote tolerance and/or prevent discrimination. Taken together, the eight articles constitute a paradigm to advocate for tolerance and to prevent discrimination based on religion, belief, and freedom of conscience. The1981 UN Declaration identifies rights individuals, states, religious institutions, parents, legal guardians, children, and groups of persons.
Article 1: Legal Definition . This article repeats several rights from the Civil and Political Covenant, including the right to thought, conscience, religion and/or belief. It advocates for the right to adopt the religion or belief of one's choice, and to practice such religion or belief freely subject to the freedom and safety of others. Article I inherently implies that States may only limit the manifestation of religion or belief as necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
1. 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.
2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.
3. 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.
Article 2:Classification of Discrimination. This article identifies categories of potential violations to the freedom of religion or belief. It affirms the right not to be subject to discrimination on the grounds of religion or belief by states, institutions, groups of persons, or individuals.
1. No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.
2. For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.
Article 3:Link to Other Rights. This article links the 1981 Declaration to other international documents, declaring that discrimination based on religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations. Such discrimination shall accordingly be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights, and enunciated in detail in both the Civil and Political Covenant and the International Covenant on Economic, Social and Cultural Rights .
Discrimination between human being on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations.
Article 4:Possible Solutions. Article 4 declares that all States [including all sectors of civil society] shall take effective measures to prevent and eliminate discrimination based on religion or belief through.
1. All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.
2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.
Article 5:Parents, Guardians, Children. Article 5 addresses the numerous rights at stake, including:
· Right of parents or legal guardians to bring the child up in their religion or belief;
· Right of the child to education in religion or belief, in accordance with the wishes of parents, and the right not to be compelled to receive education against their wishes;
· Right of the child to protection from discrimination and to education for tolerance;
· Right of the child's wishes when not under the care of parents or legal guardians;
· Right of the State to limit practices injurious to child's development or health.
1. The parents or, as the case may be, the legal guardians of the child have the right to organize the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up.
2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle.
3. The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.
4. In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle. 5. Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.
Article 6:Manifesting Religion or Belief.
In accordance with article I of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:
(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;
(b) To establish and maintain appropriate charitable or humanitarian institutions;
(c) 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;
(d) To write, issue and disseminate relevant publications in these areas;
(e) To teach a religion or belief in places suitable for these purposes;
(f) To solicit and receive voluntary financial and other contributions from individuals and institutions;
(g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief;
(i) To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.
Article 7:National Legislation. This article declares that all of the rights at stake in the 1981 UN Declaration need to be accorded in national legislation in such a manner that everyone shall be able to avail themselves of such rights and freedoms in practice.
The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.
Article 8:Existing Protections. This article specifies that the 1981 UN Declaration is non-binding on States so as to ensure that the Declaration does not negate existing legal protections on freedom of religion or belief.
Nothing in the present Declaration shall be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights and the International Covenants on Human Rights.
Aftermath of the 1981 Declaration
The 1981 UN Declaration was a compromise between states, drafted after twenty years of complex discussion and debate, and after final passage by the General Assembly. Though it represented a remarkable step forward, numerous issues remain to be addressed:
· National law versus international law; How will states incorporate the right to freedom of religion or belief into their national legal systems?;
· Proselytism;
· Conscientious objection to military service;
· Status of women in religion or belief;
· Claims of superiority or inferiority of religions and beliefs;
· Choosing and changing a religious commitment;
· Religious registration and association laws; and
· Public media and religion or belief, and the relationship of religion or belief to the state; and
· Religious extremism.
International and Regional Instruments of Protection
International legal instruments take the form of atreaty (also called an agreement, convention, covenant or protocol), which may be binding on the contracting states. When negotiations are completed, the text of a treaty is established as authentic and definitive and issigned by the representatives of states. There are various means by which a state expresses its consent to be bound by a treaty, with the most common being ratification or accession. A new treaty isratified by those states that have negotiated the instrument, while a state that has not participated in the negotiations may, at a later stage,accede to the treaty. The treaty enters into force when a pre-determined number of states have ratified or acceded to the treaty.
When a state ratifies or accedes to a treaty, that state may make reservations, understandings or declarations (RUDs) to one or more articles of the treaty (unless the treaty prohibits this actions or if they would override the point and purpose of the treaty, or if another party objects). Reservations are exceptions that a state makes to a treaty—provisions that it does not agree to follow—and may normally be withdrawn at any time. In some countries, international treaties take precedence over national law. In others—such as the United States—a specific law or vote may be required to incorporate an international treaty at the national level. Almost all states that have ratified or acceded to an international treaty may issue decrees, amend existing laws, or introduce new legislation in order for the treaty to be fully effective on the national territory.
When the 1981 Declaration was adopted as a non-binding human rights instrument, several states had reservations, including Romania, Poland, Bulgaria, Czechoslovakia and the then U.S.S.R. These states believed that the 1981 Declaration did not take sufficient account of atheistic beliefs. Romania, Syria, Czechoslovakia, and the U.S.S.R. made a general reservation regarding provisions not in accordance with their national legislation. Iraq entered a collective reservation on behalf of the Organization of Islamic Cooperation (which at the time included Jordan, Afghanistan, United Arab Emirates, Indonesia, Uganda, Iran, Pakistan, Bahrain, Bangladesh, Burkina-Faso [Upper Volta], Turkey, Chad, Tunisia, Algeria, Djibouti, Saudi Arabia, Senegal, Sudan, Syria, Sierra Leone, Iraq, Oman, Gabon, Gambia, Guinea, Guinea-Bissau, Palestine, Comoros, Qatar, Cameroon, Kuwait, Lebanon, Libya, Maldives, Mali, Malaysia, Egypt, Morocco, Mauritania, Niger, and Yemen) as to the applicability of any provision or wording in the Declaration which might be contrary to Shari'a (Islamic) law or to legislation or acts based on Islamic law. Syria and Iran specifically endorsed this reservation.
Selected human rights instruments with references to religion or belief include the following:
UNITED NATIONS
United Nations Charter (1945)
· Article 55 : With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
o higher standards of living, full employment, and conditions of economic and social progress and development;
o solutions of international economic, social, health, and related problems; and international cultural and educational cooperations; and
o universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Universal Declaration of Human Rights (1948)
· Article 18 : 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.
· Article 26 :
o Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
o Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
o Parents have a prior right to choose the kind of education that shall be given to their children.
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
· Article 2 : In the present convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
o Killing members of the group;
o Causing serious bodily or mental harm to members of the group;
o Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
o Imposing measures intended to prevent births within the group;
o Forcibly transferring children of the group to another group.
Convention Relating to the Status of Refugees (1951)
· Article 4 : The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and freedom as regards the religious education of their children.
Convention relating to the Status of Stateless Persons (1954)
· Article 3 : Non-discrimination
o The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin.
· Article 4 : Religion
o The Contracting States shall accord to stateless persons within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practice their religion and freedom as regards the religious education of their children.
Convention against Discrimination in Education (1960)
· Article 1 : For the purposes of this Convention, the term `discrimination' includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of nullifying or impairing equality of treatment in education . . .
· Article 2 : When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of Article 1 of this Convention:
o (a) . . .
o (b) The establishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions offering an education which is in keeping with the wishes of the pupil's parents or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level ;
o (c) . . . .
· Article 5 :
o 1.The States Parties to this Convention agree that:
§ (a) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace;
§ (b) It is essential to respect the liberty of parents and, where applicable, of legal guardians, firstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities and, secondly, to ensure in a manner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person or group of persons should be compelled to receive religious instruction inconsistent with his or their convictions;
§ (c) It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however:
· (i) That this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty;
· (ii) That the standard of education is not lower than the general standard laid down or approved by the competent authorities; and
· (iii) That attendance at such schools is optional.
o 2.The States Parties to this Convention undertake to take all necessary measures to ensure the application of the principles enunciated in paragraph 1 of this Article.
International Convention on the Elimination of All Forms of Racial Discrimination (1965)
· Article 5 : In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
o . . .
o (d) Other civil rights, in particular:
§ . . .
§ (vii) The right to freedom of thought, conscience and religion . . . .
International Covenant on Civil and Political Rights (1966)
· Article 18 :
o 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.
o No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
o 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.
o 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 26 : All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
International Covenant on Economic, Social and Cultural Rights (1966)
· Article 13 :
o 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.
o 2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:
§ (a) Primary education shall be compulsory and available free to all;
§ (b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;
§ (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;
§ (d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;
§ (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.
o 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.
o 4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.
Convention on the Elimination of All Forms of Discrimination Against Women (1979)
· Article 16 of CEDAW deals specifically with the rights of women relating to marriage and family relations, and the rights of children to be protected from forced marriage.
Convention on the Rights of the Child (1989)
· Article 14 :
o 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
o 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
o 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.
General Comment Number 22 on Article 18 (1993)
· Paragraph 1 : The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18.1 is far-reaching and profound; it encompasses freedom of thought on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4.2 of the Covenant.
· Paragraph 11 : Many individuals have claimed the right to refuse to perform military service (conscientious objection) on the basis that such right derives from their freedoms under article 18. In response to such claims, a growing number of States have in their laws exempted from compulsory military service citizens who genuinely hold religious or other beliefs that forbid the performance of military service and replaced it with alternative national service. The Covenant does not explicitly refer to a right to conscientious objection, but the Committee believes that such a right can be derived from article 18, inasmuch as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religion or belief. When this right is recognized by law or practice, there shall be no differentiation among conscientious objectors on the basis of the nature of their particular beliefs; likewise, there shall be no discrimination against conscientious objectors because they have failed to perform military service. The Committee invites States parties to report on the conditions under which persons can be exempted from military service on the basis of their rights under article 18 and on the nature and length of alternative national service.
Draft Declaration on the Rights of Indigenous Peoples (1994)
· Article 12 :
o 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
o 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
· Article 13 :
o 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
o 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.
COUNCIL OF EUROPE
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
· Article 9 : Freedom of thought, conscience and religion
o 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.
o Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
ORGANIZATION OF AMERICAN STATES (OAS)
American Convention on Human Rights (1969)
· Article 12: Freedom of Conscience and Religion
o 1. Everyone has the right to freedom of conscience and of religion. This right includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or together with others, in public or in private.
o 2. No one shall be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs.
o 3. Freedom to manifest one's religion or beliefs may be subject only to the limitations prescribed by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms of others.
o 4. Parents or guardians, as the case may be, have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions.
AFRICAN UNION (formerly ORGANIZATION OF AFRICAN UNITY, OAU)
African [Banjul] Charter on Human and Peoples' Rights (1981)
· Article 8 : 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.
THE ARAB LEAGUE
Universal Islamic Declaration on Human Rights (1981)
· Article 12: Right to Belief, Thought and Speech
o a) Every person has the right to express his thoughts and beliefs so long as he remains within the limits prescribed by the Law. No one, however, is entitled to disseminate falsehood or to circulate reports which may outrage public decency, or to indulge in slander, innuendo or to cast defamatory aspersions on other persons.
o b) Pursuit of knowledge and search after truth is not only a right but a duty of every Muslim.
o c) It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state.
o d) There shall be no bar on the dissemination of information provided it does not endanger the security of the society or the state and is confined within the limits imposed by the Law.
o e) No one shall hold in contempt or ridicule the religious beliefs of others or incite public hostility against them; respect for the religious feelings of others is obligatory on all Muslims.
· Article 13: Right to Freedom of Religion
o Every person has the right to freedom of conscience and worship in accordance with his religious beliefs.
Arab Charter on Human Rights (1994)
· Article 25: Persons belonging to minorities shall not be denied the right to enjoy their own culture, to use their own language and to practice their own religion. The exercise of these rights shall be governed by law.
· Article 30:
o 1. 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.
o 2. The freedom to manifest one's religion or beliefs or to perform religious observances, either alone or in community with others, shall be subject only to such limitations as are prescribed by law and are necessary in a tolerant society that respects human rights and freedoms for the protection and public safety, public order, public health or morals or the fundamental rights and freedoms of others.
o 3. Parents or guardians have the freedom to provide for the religious and moral education of their children.
National Protection and Service Agencies
As called for by the Paris Principles and endorsed by the General Assembly in 1993 (Resolution 48/134), The Office of the High Commissioner for Human Rights supports the establishment and strengthening of National Human Rights Institutions (NHRIs). NHRIs promote and monitor the effective implementation of international human rights standards at the national level. According to the OHCHR:
NHRIs perform core protection issues, such as the prevention of torture and degrading treatment, summary executions, arbitrary detention and disappearances, or the protection of human rights defenders. NHRIs also play a role in advancing all aspects of the rule of law, including with regard to the judiciary, law enforcement agencies and the correctional system. NHRIs also contribute to effective Parliaments (ideally with a Human Rights body), strong and dynamic civil society organizations, alert and responsive media, a school system with human rights education programmes at all levels and, generally, a society encouraging the objective of a universal culture of human rights. Specifically, "A" status NHRIs are one of the best relay mechanisms at country level to ensure the application of international human rights norms.
For more detailed information, including a list of the relevant UN resolutions, SC reports, and contact information for regional committees and networks, click HERE.
National Human Rights Institutes and Commissions by Region (Current as of March, 2016)
This information has been compiled by the International Coordinating Committee of National Institutes for Promotion and Protection of Human Rights (ICC).
Africa
- Algeria: National Consultative Commission for Promoion and Protection of Human Rights in Algeria
- Angola: Provedor di Justica di direitos
- Benin: Commission béninoise des droits de l'homme
- Botswana: Ombudsperson/in a process of establishing an NHRI
- Burkina Faso: Commission nationale des droits humains
- Burundi: Commission nationale independante des droits de l'homme
- Cameroon: Commission nationale des droits de l'homme et des libertés
- Cape Verde: National Commission for Human Rights and Citizenship
- Chad: Commission nationale des droits de l'homme
- Comoros: Commission Nationale des Droits de l'Homme et des Libertés (CNDHL)
- Congo: National Human Rights Commission
- Cote d'Ivoire: National Human Rights Commission
- Djibouti: National Human Rights Commission
- Egypt: National Council for Human Rights
- Ethiopia: Ethiopian Human Rights Commission
- Gabon: National Human Rights Commission
- Ghana: Commission on Human Rights and Administrative Justice
- Guine-Bissau: Comissao national dos direitos humanos
- Kenya: Kenya National Commission on Human Rights
- Libya: National Council for Civil Liberties and Human Rights
- Madagascar:Commission Nationale des Droits de L'Homme de Madagascar
- Malawi: Malawi Human Rights Commission
- Mali: Commission nationale des droits de l'homme du Mali
- Mauritania: Commission nationale des droits de l'homme
- Mauritius: National Human Rights Commission
- Morocco: National Human Rights Council
- Mozambique: National Human Rights Commission of Mozambique
- Namibia: Office of the Ombudsman
- Niger: Commission nationale des droits humains
- Nigeria: National Human Rights Commission of Nigeria
- Rwanda: National Commission for Human Rights of Rwanda
- Senegal: Senegalese Committee for Human Rights
- Sierra Leone: Human Rights Commission of Sierra Leone
- South Africa: South African Human Rights Commission
- Sudan: National Commission for Human Rights of Sudan
- Swaziland: Commission on Human Rights and Public Administration
- Tanzania: Commission for Human Rights and Good Governance
- Togo: National Human Rights Commission
- Tunisia: High Committee for Human Rights and Fundamental Freedoms
- Uganda: Uganda Human Rights Commission
- Zambia: Human Rights Commission
- Zimbabwe: Human Rights Commission of Zimbabwe
Americas Asia Pacific : Europe : All states have government ministries and departments for matters relating to freedom of religion or belief. They are located primarily in Ministries of Justice, Education, Culture, or for international human rights treaties, Foreign Affairs. Some states have religious affairs councils or civil rights departments to service the needs and monitor the legal protection of citizens and non-citizens at national, regional and local levels. These entities often have relationships with non-governmental human rights or religious organizations that monitor the activities of government in matters relating to religion or belief. States may supply a list of these government departments and non-governmental organizations through their public information offices. ____________________________________________ Acknowledgements This guide was developed by Michael Roan, at the Tandem Project. Laura Young, Kristi Rudelius-Palmer and David Weissbrodt (University of Minnesota Human Rights Center) and Susan Everson revised and edited this document. Special thanks to Charmaine Crockett, Barbara Forster, Alaa Kaoud, Mohamed Elgadi, and Fatma Reda for expert commentary and input. Copyright, Human Rights Center, 2003. The guide was updated and edited by David Weissbrodt and Ami Hutchinson in February, 2016. Please send any inquiries to Professor David Weissbrodt at weiss001@umn.edu . Thank you. Home || Treaties || Search || Links
African Countries without a National Human Rights Institute or Commission: Liberia, Central African Republic, Equatorial Guinea, DRC, Eritrea, Gambia, Guinea, Lesotho, Sao Tome and Principe, Seychelles, Somalia, South Sudan.
American Countries without a National Human Rights Institute or Commission: Brazil, Suriname, Bahamas, Dominica, Cuba, Grenada, Saint Kitts and Nevis, St. Vincent and The Grenadines, United States of America
Asia/Pacific Countries without a National Human Rights Institute or Commission: Bhutan, Brunei, Japan, Kuwait, Laos, North Korea, Israel, Saudi Arabia, Pakistan, Singapore, Taiwan, Turkmenistan, Vietnam.
European Countries without a National Human Rights Institute or Commission: Andorra, Belarus, Estonia, Iceland, Lebanon, Liechtenstein, Monaco, San Marino, Syria, Vatican City.
Countries Where People Are Denied Rights Because of Religion
Source: http://hrlibrary.umn.edu/edumat/studyguides/religion.html