English  |  Espa˝ol  |  Franšais  |    |    | 
 
 
FREEDOM OF RELIGION OR BELIEF

j) Establish and maintain charitable and humanitarian institutions/solicit and receive funding

1981 Declaration of the General Assembly

Art. 6 (b) : The right to freedom of thought, conscience, religion or belief includes the freedom, "To establish and maintain appropriate charitable or humanitarian institutions; ".

Art. 6 (f) : The right to freedom of thought, conscience, religion or belief includes the freedom, "To solicit and receive voluntary financial and other contributions from individuals and institutions."

Commission on Human Rights resolution 2005/40 (paragraph 4 (e)) and
Human Rights Council resolution 6/37 (paragraph 12 (h))

Urges States, "To ensure that, in accordance with appropriate national legislation and in conformity with international human rights law, the freedom for all persons and members of groups to establish and maintain religious, charitable or humanitarian institutions is fully respected and protected."

[Go back to the Framework for communications]

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

E/CN.4/1999/58/Add.2, paras. 115-117 (country visit to Vietnam):

"115. Lastly, the controlled areas of religious freedom described above are part of a general situation in which limitations, and even prohibitions, in the religious sphere continue. It is therefore essential for these areas of freedom gradually to be extended to the entire religious sphere and, at the same time, for most of the limitations which are illegal under international law to be eliminated and only those limitations retained which are admissible according to the International Covenant on Civil and Political Rights, the 1981 Declaration and the case law of the Human Rights Committee.

116. The current situation of the religious communities, in which circumscribed areas of freedom are emerging within a general framework of controls, limitations and even prohibitions, appears to be valid for all religious dominations (considered as a whole rather than each community group specifically), Buddhist, Catholic, Cao Dai, Hoa Hao, Protestant and Muslim (the representatives of the Muslim community said that they enjoyed freedom of religion and freedom to practise their religion, but also that their association was the only Muslim association approved by the authorities for all of Viet Nam).

117. These limitations are the following: [...]

(h) The religious communities are not, generally speaking, authorized to extend their religious activities into social, health or educational matters. In addition, the cultural, educational, social and hospital functions removed from the religious communities after 1975 have generally not been restored by the authorities."

A/65/207, paras. 35-36

"35. The Special Rapporteur has also noted with concern that the freedom to establish and maintain religious, charitable or humanitarian institutions is not always fully respected and protected in accordance with appropriate national legislation and in conformity with international human rights law. On a domestic level, some religious minorities are, for example, not authorized to extend their religious activities into social, health or educational matters.

36. While the right to establish religious, charitable or humanitarian institutions and to receive funding is not unlimited, any restrictions imposed must be prescribed by law and must be necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others, for example in order to prevent such institutions being misused to advance their cause through violence. In addition, States must prohibit any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence."

[Go back to the Framework for communications]

Site map  Contact us