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Rapporteur's Digest on Freedom of Religion Or Belief

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Rapporteur's Digest on Freedom of Religion Or Belief Rapporteur’s Digest on Freedom of Religion or Belief Excerpts of the Reports from 1986 to 2011 by the Special Rapporteur on Freedom of Religion or Belief Arranged by Topics of the Framework for Communications المقرر الخاص المعني بحرية الدين أو المعتقد Rapporteur spécial sur la liberté de religion ou de conviction Relator Especial sobre la libertad de religión o de creencias Special Rapporteur on freedom of religion or belief 宗教或信仰自由问题特别报告员 Специальный докладчик по вопросу о свободе религии или убеждений 2 Rapporteur’s Digest http://www2.ohchr.org/english/issues/religion/ The Special Rapporteur on freedom of religion or belief is an independent expert appointed by the United Nations Human Rights Council. The mandate holder has been invited to identify existing and emerging obstacles to the enjoyment of the right to freedom of religion or belief and present recommendations on ways and means to overcome such obstacles. Historical background The United Nations Commission on Human Rights appointed further to resolution 1986/20 a ―Special Rapporteur on religious intolerance‖. In 2000, the Commission on Human Rights decided to change the mandate title to ―Special Rapporteur on freedom of religion or belief‖, which was subsequently endorsed by ECOSOC decision 2000/261 and welcomed by General Assembly resolution 55/97. On 18 June 2010, the Human Rights Council adopted resolution 14/11 which, inter alia, extended the mandate of the Special Rapporteur for a further period of three years. Mandate The Special Rapporteur has been mandated through Human Rights Council resolution 6/37: to promote the adoption of measures at the national, regional and international levels to ensure the promotion and protection of the right to freedom of religion or belief; to identify existing and emerging obstacles to the enjoyment of the right to freedom of religion or belief and present recommendations on ways and means to overcome such obstacles; to continue her/his efforts to examine incidents and governmental actions that are incompatible with the provisions of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief and to recommend remedial measures as appropriate; to continue to apply a gender perspective, inter alia, through the identification of gender-specific abuses, in the reporting process, including in information collection and in recommendations. Working methods In the discharge of the mandate, the Special Rapporteur: transmits urgent appeals and letters of allegation to States with regard to cases that represent infringements of or impediments to the exercise of the right to freedom of religion and belief; undertakes fact-finding country visits; submits annual reports to the Human Rights Council, and General Assembly, on the activities, trends and methods of work. Special Rapporteurs Mr. Heiner Bielefeldt (Germany), since 1 August 2010 Ms. Asma Jahangir (Pakistan), August 2004 - July 2010 Mr. Abdelfattah Amor (Tunisia), April 1993 - July 2004 Mr. Angelo d'Almeida Ribeiro (Portugal), March 1986 - March 1993 on Freedom of Religion or Belief 3 TABLE OF CONTENTS Introduction ........................................................................................................................................ 4 I. Freedom of religion or belief ......................................................................................................... 6 1. Freedom to adopt, change or renounce a religion or belief ........................................................................................ 6 2. Freedom from coercion ............................................................................................................................................ 12 3. The right to manifest one's religion or belief ........................................................................................................... 15 a) Freedom to worship ............................................................................................................................................ 16 b) Places of worship ................................................................................................................................................ 17 c) Religious symbols ............................................................................................................................................... 21 d) Observance of holidays and days of rest ............................................................................................................. 28 e) Appointing clergy ............................................................................................................................................... 30 f) Teaching and disseminating materials (including missionary activity) ............................................................... 31 g) The right of parents to ensure the religious and moral education of their children ............................................. 34 h) Registration ......................................................................................................................................................... 39 i) Communicate with individuals and communities on religious matters at the national and international level ... 43 j) Establish and maintain charitable and humanitarian institutions/solicit and receive funding .............................. 44 k) Conscientious objection ...................................................................................................................................... 45 II. Discrimination ............................................................................................................................. 48 1. Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance ...................................... 48 2. State religion ............................................................................................................................................................ 58 III. Vulnerable groups ..................................................................................................................... 60 1. Women ..................................................................................................................................................................... 60 2. Persons deprived of their liberty .............................................................................................................................. 66 3. Refugees ................................................................................................................................................................... 72 4. Children ................................................................................................................................................................... 77 5. Minorities ................................................................................................................................................................. 82 6. Migrant workers ....................................................................................................................................................... 86 IV. Intersection of freedom of religion or belief with other human rights ................................. 89 1. Freedom of expression including questions related to religious conflicts, religious intolerance and extremism ..... 89 2. Right to life, right to liberty ..................................................................................................................................... 94 3. Prohibition on torture and other cruel, inhuman or degrading treatment or punishment ......................................... 96 V. Cross-cutting issues ..................................................................................................................... 98 1. Derogation................................................................................................................................................................ 98 2. Limitation ............................................................................................................................................................... 100 3. Legislative issues ................................................................................................................................................... 102 4. Defenders of freedom of religion or belief and non-governmental organizations ................................................. 105 4 Rapporteur’s Digest INTRODUCTION On the occasion of the 25th anniversary of the adoption of resolution 1986/20 of the Commission on Human Rights, the Special Rapporteur on freedom of religion or belief launches this Digest with excerpts of the reports from 1986 to 2011. The Rapporteur‘s Digest is arranged according to the topics of his framework for communications and an online version is available at the following website: http://www2.ohchr.org/english/issues/religion/standards.htm E/CN.4/2006/5, paras. 28-35: “A. The purpose of the framework 28. The right to freedom of religion or belief, as defined by international standards, is a wide-ranging right covering a large number of distinct yet interrelated issues. This diversity is very much reflected in the information and allegations received by the Special Rapporteur. In order to enable the Special Rapporteur to respond more effectively to the information she receives, she has developed a framework for
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