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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