1. Freedom of religion is protected by international and regional instruments.954 This covers a variety of beliefs, theistic, non-theistic and atheism and the right not to profess any religion or belief.955 ‘Belief’ and ‘religion’ have a broad meaning.956 2. Freedom of thought and conscience, as well as the freedom to have or adopt a religion or belief of one’s choice, are absolute rights which cannot be derogated from.957 Therefore, no-one can be compelled to reveal their thoughts or their adherence to a particular religion or belief.958 3. Central to the guarantee of religious freedom is the obligation on the part of the State to ensure respect for religious pluralism. In a society in which several religions coexist within one and the same population, the State may place restrictions on the freedom of religion only in order to reconcile the interests of the various groups and ensure that everyone’s beliefs are respected.959 When exercising its regulatory power the State has, however, a duty to remain neutral and impartial.960 4. A further element of religious freedom is that it recognises the notion of collective rights - i.e. that the exercise of this right may be in community with others. Article 27 ICCPR also provides protection to individuals belonging to ethnic, religious or linguistic minorities ‘in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language’. Positive measures may be required to facilitate development of religious minorities in the long term.961 Manifesting religion or thought 5. The ability to manifest one’s religion includes that this be done ‘either individually or in community with others and in public or private’. 962 ‘Worship’ can include ceremonies or rituals as well as objects, displaying symbols, observing holidays and customs.963 Wearing of headscarves, for example, will 954 Article 18 ICCPR, Article 30 Arab Charter. Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 2. 956 Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 2. European Court, Kokkinakis v Greece, 25 May 1993. 957 Article 18 ICCPR; Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 3. Articles 12 and 27(2) ACHR. Inter-American Court, Case of Olmedo Bustos et al v Chile, Series C. No.73, 5 Feb 2001. European Court, Kokkanikis v Greece, 25 May 1993. 958 Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 3. 959 European Court, Kokkinakis v Greece, 25 May 1993. 960 European Court, Metropolitan Church of Bessarabia v Moldova, 27 March 2002. 961 Report of the Special Rapporteur on Freedom of religion or belief, Heiner Bielefeldt, A/HRC/22/51, 24 December 2012, para 25. Human Rights Committee, General Comment No.23, U.N. Doc. CCPR/C/21/Rev.1/Add.5 (1994), para 9. 962 Article 18(1) ICCPR. 963 Human Rights Committee, General Comment No.22, CCPR/C/21/Rev.1/Add.4 (1993), para 4. European Court, Jewish Liturgical Association Cha’ Are Shalom Ve Tsedek v France, 27 June 2000. 955 152

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents