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
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