Compendium of Standards, Good Practices and Recommendations
skills and personnel. Even if the requirements in question are “facially neutral” (i.e., they do
not refer to religion at all), they may, nevertheless, constitute a form of indirect religious
discrimination. The same applies to non-religious service personnel obliged to take part
in military practices or traditions that have a religious origin or nature, such as swearing a
religious oath or participating in a religious ceremony (see Box 9.2). 335
International Human Rights Standards
Freedom of religion or belief is recognized under the major human rights treaties, as shown
in Box 9.3.
Box 9.3: Excerpts from human rights instruments that recognize freedom
of religion or belief
UDHR, 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.
ICCPR, Article 18
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.
ECHR, Article 9
1. 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.
2. 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.
335
See: European Court for Human Rights, Alexandridis v. Greece (Application no. 19516/06, judgment of
21 February 2008), paras. 36-41); and Dimitras and Others v. Greece (No. 2) (Application nos. 34207/08
and 6365/09, judgment of 3 November 2011) and Dimitras and Others v. Greece (No. 3) (Application nos.
44077/09, 15369/10 and 41345/10, judgment of 8 January 2013). All cases dealt with the oath-swearing
ceremonies.
147
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