INTERNATIONAL RELIGIOUS RIGHTS

Universal Declaration, International Covenant, and UN Instruments

I. Overview of the International Framework

Freedom of religion or belief is one of the foundational rights recognized in international human rights law. It is enshrined in multiple binding treaties and non-binding declarations that together form a comprehensive framework of protection.

The principal instruments are:

• The Universal Declaration of Human Rights (1948), Article 18: the foundational statement of the right.
• The International Covenant on Civil and Political Rights (1966), Article 18: the binding treaty obligation, ratified by 173 states.
• General Comment No. 22 (1993) of the UN Human Rights Committee: the authoritative interpretation of Article 18 ICCPR.
• The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981): the comprehensive soft-law instrument.
• The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992).

II. The Universal Declaration of Human Rights (Article 18)

The UDHR, adopted by the United Nations General Assembly on December 10, 1948, is the foundational human rights instrument. While not a binding treaty in itself, it is widely recognized as an authoritative statement of international human rights norms. Many scholars and international bodies consider a number of its provisions, including Article 18, to reflect customary international law.

Article 18 protects a comprehensive right that includes four distinct components: the right to hold beliefs (thought), the right to change beliefs, the right to practice beliefs individually, and the right to practice beliefs communally. The right to "change" religion was a contested provision and is of particular relevance to converts to non-dominant faiths.

III. The International Covenant on Civil and Political Rights

The ICCPR, adopted in 1966 and in force since 1976, is the binding treaty that converts the principles of the UDHR into enforceable legal obligations. It has been ratified by 173 states.

Several features of Article 18 ICCPR are of particular importance:

Non-Derogable Right

Article 18 is listed under Article 4(2) of the ICCPR as a right from which no derogation may be made, even in a state of emergency threatening the life of the nation. This places freedom of religion among the most strongly protected rights in international law, alongside the prohibitions on torture, slavery, and retroactive criminal prosecution.

Protection Against Coercion

Article 18(2) prohibits coercion that would impair the freedom to have or adopt a religion. According to the Human Rights Committee's General Comment No. 22, this covers not only government coercion but also coercion by religious groups, employers, and private individuals. Forced conversion, social pressure to abandon one's faith, and organized campaigns to ostracize non-conformists are among the forms of conduct that fall within the scope of this prohibition.

Strict Limitation Clause

Article 18(3) permits limitations on the manifestation of religion only under narrow conditions. Limitations must be: (1) prescribed by law, (2) necessary (not merely convenient or useful), and (3) directed at one of the specified purposes (public safety, order, health, morals, or fundamental rights of others). Limitations based on national security are impermissible under Article 18, unlike other ICCPR rights.

Non-Discrimination

Article 26, read together with Article 18, prohibits any form of discrimination based on religion or belief in law and in practice.

IV. General Comment No. 22: The Authoritative Interpretation

In 1993, the UN Human Rights Committee (the treaty body monitoring ICCPR compliance) issued General Comment No. 22, providing the authoritative interpretation of Article 18. This document is essential reading for understanding the scope of international religious freedom protection.

V. The 1981 Declaration on Religious Intolerance

The UN General Assembly adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief by Resolution 36/55 on November 25, 1981. Although not a binding treaty, it represents the most comprehensive international instrument specifically addressing religious discrimination.

Definition of Discrimination

The 1981 Declaration defines "intolerance and discrimination based on religion or belief" as "any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis." This definition encompasses both intentional discrimination and measures that have a discriminatory effect even if not intentionally targeted.

State Obligations

Under Article 4, states must:

• Take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in all fields of civil, economic, political, social, and cultural life
• Enact or rescind legislation where necessary to prohibit such discrimination
• Take all appropriate measures to combat intolerance on the grounds of religion or other beliefs

Enumerated Rights (Article 6)

The Declaration enumerates specific rights included in the freedom of religion or belief:

• To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes
• To establish and maintain appropriate charitable or humanitarian institutions
• To make, acquire, and use articles and materials related to the rites or customs of a religion or belief
• To write, issue, and disseminate relevant publications
• To teach a religion or belief in places suitable for the purpose
• To solicit and receive voluntary financial and other contributions
• To train, appoint, elect, or designate leaders
• To observe days of rest and celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief
• To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels

VI. Protection of Religious Minorities

The 1992 UN Declaration on the Rights of Persons Belonging to Minorities further elaborates on this protection, requiring states to protect the existence and identity of religious minorities and to encourage conditions for the promotion of that identity. States must adopt appropriate legislative and other measures to achieve these ends.

These provisions are of direct relevance to members of the Temple of Zeus, who constitute a religious minority in every country. The international framework explicitly recognizes that religious minorities are entitled not merely to tolerance but to active state protection of their right to profess and practise their religion in community with others. Importantly, these protections apply to sincerely held religious beliefs regardless of whether the community in question has obtained formal institutional registration in a given state.

VII. The UN Special Rapporteur on Freedom of Religion or Belief

Since 1986, the UN has mandated a Special Rapporteur on freedom of religion or belief to monitor the implementation of the 1981 Declaration globally. The Special Rapporteur:

• Investigates incidents and governmental actions inconsistent with the 1981 Declaration
• Receives communications (complaints) from individuals and groups alleging violations
• Conducts country visits
• Submits annual reports to the Human Rights Council and the General Assembly
• Issues urgent appeals to governments in cases of imminent or ongoing violations

Any individual or group who has experienced or witnessed a violation of freedom of religion or belief may submit a communication to the Special Rapporteur. This mechanism is available regardless of whether the individual's state has ratified any particular treaty.

VIII. Regional Instruments

The Americas

The American Convention on Human Rights (1969), Article 12, protects freedom of conscience and religion in terms similar to the ICCPR. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights enforce these provisions in the Americas.

Africa

The African Charter on Human and Peoples' Rights (1981), Article 8, provides that "freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms."

The Arab States

The Arab Charter on Human Rights (2004), Article 30, provides for freedom of thought, conscience, and religion, though with certain limitations reflecting the regional context.

Asia-Pacific

The ASEAN Human Rights Declaration (2012), Article 22, affirms the right to freedom of thought, conscience, and religion. While not a binding treaty, it represents a regional commitment to this principle.

IX. International Complaint Mechanisms

X. Resources