2. International Human Rights Commitments Box 11.3 Major Human Rights Treaties Recognizing Religious Freedom Art. 18 UDHR Art. 18 ICCPR Art. 9 ECHR 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. 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. 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. Art. 6 of the 1981 United Nations Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief155 provides what is perhaps the most detailed (albeit still non-exhaustive) list of the various aspects of freedom of religion. Some extracts, so far as they concern members of the armed forces, are set out in Box 11.4. Since the Helsinki Final Act (1975), OSCE commitments in this area have become ever more specific.156 The commitments made in the Vienna Concluding Document of 1989 are the most specific and comprehensive,157 dealing with a range of issues, including discrimination on the grounds of religion,158 extending protection to non-believers as well as believers,159 safeguarding the right to collective worship,160 and allowing the religious and moral education of children.161 The Copenhagen Conference (1990) committed participating States to recognize an individual’s right to change their religion.162 More recently, these sentiments were reaffirmed at the Maastricht Conference (2003).163 Art. 9 of the ECHR164 embraces “the right to freedom of thought, conscience and religion [emphasis added]” and also protects the right “to manifest one’s religion or belief [emphasis added]”. Nevertheless, thought and conscience carry no right to be manifested under Art. 9.2, whereas religion and belief do. 155  Op. cit., note 148. 156  Helsinki 1975 (Questions Relating to Security in Europe: 1.a Declaration on Principles Guiding Relations between Participating States – Principle VII): participating States should respect “human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all”. 157  Vienna 1989 (Questions Relating to Security in Europe: Principles). 158  Ibid., para. 16.1. 159  Ibid., para. 16.2. 160  Ibid., para. 16.4. 161  Ibid., para. 16.6. 162  Copenhagen 1990, para. 9.4. 163  Maastricht 2003 (Decisions: Decision No. 4/03 on Tolerance and Non-discrimination). 164  On Art. 9, see C. Evans, Freedom of Religion under the European Convention on Human Rights (Oxford: Oxford University Press, 2001). 90 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel

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