English  |  Espa˝ol  |  Franšais  |    |    | 
 
 
FREEDOM OF RELIGION OR BELIEF
a) Freedom to worship

1981 Declaration of the General Assembly

Art. 6 (a) : The right to freedom of thought, conscience, religion or belief includes the freedom, "To worship or assemble in connection with a religion or belief [.];".

Art. 6 (c) : The right to freedom of thought, conscience, religion or belief includes the freedom, "To make, acquire and use the necessary articles and materials related to the rites or customs of a religion or belief;".

Commission on Human Rights resolution 2005/40 (paragraph 4 (d)),
Human Rights Council resolution 6/37 (paragraph 9(g)) and
General Assembly resolution 65/211 (paragraph 12 (g))

Urges States "To ensure, in particular, the right of all persons to worship or assemble in connection with a religion or belief [...]."

Human Rights Committee general comment 22

Para . 4 : "The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including [.] the use of ritual formulae, and objects [.]."

[Go back to the Framework for communications]

Excerpts of relevant paragraphs of 25 years mandate reporting practice (1986-2011)

E/CN.4/2005/61, paras. 56 and 58:

"56. The Special Rapporteur has noted in this regard, on the basis of information brought before her, that registration appeared often to be used as a means to limit the right of freedom of religion or belief of members of certain religious communities. […]

58. Some main points to take into consideration with regard to registration are that:

- Registration should not be compulsory, i.e. it should not be a precondition for practising one's religion, but only for the acquisition of a legal personality and related benefits;

- In the latter case, registration procedures should be easy and quick and not depend on extensive formal requirements in terms of the number of members or the time a particular religious group has existed;

- Registration should not depend on reviews of the substantive content of the belief, the structure, the clergy, etc.;

- No religious group should be empowered to decide about the registration of another religious group."

E/CN.4/2006/5/Add.1, para. 51:

"51. The Special Rapporteur is grateful for the Government's response and draws its attention to Resolution 2005/40 of the Commission on Human Rights, in which the Commission urged States, "[t]o review, whenever relevant, existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private" (Paragraph 4(c)). In this regard, the Special Rapporteur wishes to emphasize that the right to freedom of religion is not limited to members of registered religious communities. As she noted in her previous report to the Commission on Human Rights, referring to the OSCE/ODIHR Guidelines for Review of Legislation pertaining to Religion or Belief, "registration should not be compulsory, i.e. it should not be a precondition for practicing one's religion, but only for the acquisition of a legal personality and related benefits" (E/CN.4/2005/61, para. 58)."

[Go back to the Framework for communications]

 

Site map  Contact us