The Right to Freedom of Religion Or Belief
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The Right to Freedom of Religion or Belief: A Good Practice Guide The objective of this Good Practice The Right to Freedom Guide is to help readers to better of Religion or Belief: understand the concept of Freedom A Good Practice Guide of Religion or Belief (FoRB) as it is defined under international human rights law. This Guide hopes to dispel common misconceptions about FoRB, such as the belief that FoRB is a right Contents that only protects religious people. 1 Index of useful terms and acronyms 4 Using real world examples, this Guide will show how developing a good understanding of FoRB is essential to prevent its misuse by malicious actors, including some governments and hardline religious movements, 2 Defining Freedom of Religion or Belief 6 to justify the violation of other fundamental rights and equalities. Who is protected? 6 This Guide was drafted by the Advocacy team of Humanists International. It is mainly intended for Members of Humanists International, practitioners What actions does the right to FoRB protect? 6 who may encounter FoRB in their campaigning and human rights work, and anyone else who hopes to develop a well-rounded understanding, Are there any limitations to FoRB? 7 from an impartial and well-informed source, on the importance and Why is FoRB important to the global humanist community? 8 relevance of this right. 3 International legal background and sources 9 4 How does FoRB interact with other protected rights? 10 5 The instrumentalization and distortion of FoRB 14 Language to use and the importance of terminology 14 So-called “Religious Freedom” and the anti-choice/rights movement 15 USA and “Religious Freedom” 20 Distortion of FoRB by States at the UN: “Religious Specificities,” “Traditional Values” and “Protection of the Family” 21 Civil Society actors distorting FoRB for anti-choice agenda 22 6 The siloing of FoRB and the Role of Special Envoys 23 7 Summary of Key Points 25 8 Useful Resources and Background Reading 26 Cases to look at 27 Training Exercises 27 2 3 Index of useful of Index terms and terms acronyms 1 the International Convention on the Elimination of All Forms of Index of useful terms ICERD Racial Discrimination 1 and acronyms Freedom Defining faith-based organization FBO Religion of or Belief or 2 the right of Freedom of Religion or Belief International human rights advocacy is notorious for its usage of acronyms. FoRB In this section we cover some of the main terms and acronyms you are likely to come across while working on FoRB. International legal legal International background and background the right of Freedom of Expression FreedEx sources 3 ACHR the American Convention on Human Rights the Organization of Islamic Cooperation, an inter-governmental OIC body aimed at advancing the interests of Muslim-majority states How does FoRB interact interact FoRB does How ACHPR African Charter on Human and Peoples’ Rights protected with other rights? the 17 Sustainable Development Goals set in 2015 by the UNGA and 4 SDGs intended to be achieved by 2030 ACHPR the African Commission on Human and Peoples’ Rights, which is the (Commission) institution tasked with interpretation of the ACHPR The instrumentalization The SRHR sexual and reproductive health and rights FoRB of and distortion the Convention on the Elimination of All Forms of Discrimination CEDAW Against Women 5 UDHR the Universal Declaration of Human Rights CRC the Convention on the Rights of the Child the United Nations FoRB of The siloing UN of and the Role Special Envoys ECHR the European Convention on Human Rights 6 the General Assembly of the United Nations, which is the main policy- UNGA making body of the United Nations, headquartered in New York the European Court of Human Rights, which is the institution tasked ECtHR with the interpretation of the European Convention on Human Rights Summary of Summary the Human Rights Council, an inter-governmental body (consisting Points Key of 47 member states elected for 3-year terms) established by the UN 7 General Assembly, which replaced the Human Rights Commission in the Inter-American Court of Human Rights, which is tasked with UNHRC 2006. The HRC holds regular sessions three times a year (in March, IACHR enforcing the ACHR June and September). Not to be confused with the Human Rights Committee, which is a body of 18 experts established under the ICCPR Useful Resources Useful Resources and Background and Background ICCPR the International Covenant on Civil and Political Rights Reading 8 UNSR or the individual expert charged by the United Nations Human Rights UN Special Council to investigate a specific set of human rights concerns. Their ICESCR the International Covenant on Economic, Social and Cultural Rights Rapporteur roles are independent and voluntary 4 5 Index of useful of Index terms and terms acronyms 1 Defining Freedom Are there any limitations to FoRB? The ‘inner’ freedom to choose one’s religion or belief is absolute, meaning 2 of Religion or Belief that there are absolutely no circumstances in which it can be limited. Freedom Defining The ‘outer’ element (i.e. the right to manifest) is not. Religion of or Belief or In other words, a State may set boundaries on the outward expression 2 or practice of religious belief. Where any restrictions on FoRB do exist, they must be prescribed by law and be necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.2 For a restriction to be “necessary” it cannot be made on the basis of populism or prejudice. Evidence-based, non-discriminatory COVID-19 legal International Who is protected? and background measures that temporarily limited public gatherings at places of worship sources are an example of a legitimate form of restriction put in place to safeguard 3 FoRB is a right1 that protects the individual conscience of all human public health. beings. Under FoRB, the meaning of ‘belief’ and ‘religion’ is broadly construed. FoRB is not limited to traditional religions or to religions and Such restrictions on the outer aspect of FoRB are necessary in a diverse beliefs with institutional characteristics or practices. It encompasses the society where people of different religions coexist with those who are right of an individual to reject any religion or belief, to identify as humanist non-religious. There must be a balance to ensure that everyone’s beliefs interact FoRB does How or atheist, and to manifest non-religious convictions through expression, are equally respected, and care must be taken to ensure that freedom protected with other teaching and practice. FoRB is thus a universal right; it does not grant of religion or belief is not used as a cover to discriminate against minority rights? 3 special privileges for religious people, but rather extends broad protection groups, such as women and LGBTI+ people (more on this below). 4 to everyone equally. The instrumentalization The and distortion of FoRB of and distortion What actions does the right to FoRB protect? Key takeaway: 5 There is both an ‘inner’ and an ‘outer’ element to FoRB. It is important to keep these two elements distinct. While the inner element lives within every human being, and is a personal The right to manifest and express one’s Freedom of Religion matter known to themselves only, the outer expression of FoRB is one which can implicate others and is where the potential for differences arises. or Belief can be subject to restrictions, because it has the potential to affect other people’s rights and freedoms. FoRB of The siloing and the Role of and the Role Special Envoys 6 FoRB grants each individual FoRB also grants the outer the inner ability to hold and to freedom to manifest, practice and change their inner convictions express a religion or belief. This and beliefs. It protects both the includes the right to teach others Summary of Summary right to have a religion or belief, about one’s beliefs or to write and Points Key as well as the right not to have publish literature about a religion 7 a religion or belief. Importantly, or belief. It includes the right to no person can be coerced or express a religion or belief through forced into believing something clothing, rituals and symbols, and against their will. to use buildings for worship. Useful Resources Useful Resources and Background and Background Reading 8 2 ICCPR, Art. 18(3); UN HRC, General Comment 22. 6 1 See Section 2 for the international legal background of the Right to Freedom of Religion or Belief 3 https://www.ohchr.org/Documents/Issues/Religion/A_HRC_43_48_AdvanceUneditedVerison.docx 7 Index of useful of Index terms and terms acronyms 1 Why is FoRB important to the global International humanist community? 3 Freedom Defining FoRB protects anyone whose personal belief system is a central aspect legal background of Religion of to their identity. It is a right that is essential to humanists. Belief or It is a particularly important right for many of our members who are and sources 2 based in countries where their humanist, atheist, or non-religious beliefs are routinely undermined by the State or the religious majority. Anyone imprisoned for criticizing religion or identifying as an atheist is known as a ‘prisoner of conscience’ and has had their right to FoRB, as well as their International legal legal International right to freedom of expression, violated. The right of FoRB is enshrined in Article 18 of the Universal Declaration of Human Rights (UDHR): and background The status of FoRB is a good indicator of the general human rights situation sources 3 in a given country. When religious or non-religious expression is restricted, “Everyone has the right to freedom of thought, conscience and this tends to signal a shrinking space for other civil and political rights, religion; this right includes freedom to change his religion or belief, such as the right to life, privacy, assembly and expression, as well as social, economic and cultural rights.