4.1.1 Right to hold, adopt or change a religion or belief [ICCPR art 18]
Condensed:
Freedom of religion is the right of a person to subscribe to a belief system, including associated symbols, scriptures, practices, traditions and values. Freedom of religion or belief protects theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief. It includes the right to replace ones current religion or belief with another or to adopt atheistic views. It is protected unconditionally and no one may be compelled to reveal his adherence to a religion or belief. According to international human rights law the right to hold, adopt or change a religion or belief is absolute and not subject to any limitations whatsoever.
Coercion that would impair the right to have or adopt a religion or belief is prohibited. Coercion might take the form of pressure to maintain a religion or belief or pressure to change it. States have a positive duty to protect the individual's right to hold, adopt or change his/her religion or belief from interference from non-state actors and to take appropriate measures to investigate, bring the perpetrators to justice and compensate the victims.
Comprehensive:
Article 18 of the ICCPR states: [1] (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… (2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
Freedom of religion or belief protects theistic, non-theistic and atheistic beliefsas well as the right not to profess any religion or belief.[2] Religion or belief should be ‘broadly construed’ and protection is not limited to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions.[3] See also *right to manifest one’s religion or belief in teaching, practice, worship and observance*.
In contrast to the UDHR, ECHR and ACHR, article 18 of the ICCPR does not explicitly refer to the freedom to change religion or belief.[4] However, the HRC has held that the freedom to ‘have or to adopt’ a religion or belief ‘necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief’.[5]
The right to hold, adopt or change a religion or belief is not subject to any limitations whatsoever. It is protected unconditionally and no one may be compelled to reveal his/her adherence to a religion or belief.[6] With respect to children, the choice of religion is restricted by the parent’s rights to determine their child’s religion up to an age where the child is capable of doing so on his/her own.[7]
The UN Special Rapporteur on freedom of religion or belief has noted concern over action taken by the French authorities against ‘cult groups’ and urged that any action taken should ‘deliver a message based on tolerance, freedom of religion or belief and on the principle that no one can be judged for his actions other than through the appropriate judicial channels.’[8]
Article 18(2) of the ICCPR bars coercion that would impair the right to have or adopt a religion or belief. Coercion might take the form of pressure to maintain a religion or belief or pressure to change it. Article 18(2) bars both.[9] There is a distinction between permissible religious persuasion and coercion.[10] The ECtHR found in Larissis v Greece that an army officer had exploited his position of authority over his subordinates in trying to convert them.[11] In Kokkinakis v Greece the Court did not find any violation when Jehovah’s Witnesses called on their neighbour to discuss religious issues with her since that act fell under ‘bearing Christian witness’ which is protected under the freedom to manifest religion.[12] It is also noticeable that this case involved proselytizing by a person who did not have any authority over those she tried to convert.
In relation to pressure to maintain a religion, the Special Rapporteur on freedom of religion or belief indicated, in connection with the crime of apostasy in Sudan (defined as advocating for the abandonment of Islam by a Muslim), that it was essential that ‘any conversion of Muslims to another religion should not give rise to any kind of pressure, restriction or deprivation of freedom with respect to the converted believers and the religious officials of their community.’[13]
Other examples of violations of the right to hold, adopt or change religion of belief include
Attempts by state agents to convert, re-convert or prevent the conversion of persons;[14]
Prohibition and punishment of religious conversion by law. The punishment for conversion can consist of arrest and trial for ‘apostasy’, suspension of contracts and inheritance rights, the annulment of marriages, loss of property, removal of children, administrative requirements that make it impossible for individuals to obtain identity cards after having changed their religion and threat and harassment by the state and religious leaders.[15]
States have a positive duty to protect the right to hold, adopt or change religion or belief from interference from non-state actors and to take appropriate measures to investigate, bring the perpetrators to justice and compensate the victims.[16] States must prevent:
Attempts by members of majority religious groups to convert or reconvert members of religious minorities;[17] and
‘Unethical’ conversions such as through promise of material benefit or by taking advantage of the vulnerable situation of the person whose conversion is sought.[18]
However, in the view of the Special Rapporteur on freedom of religion or belief, it would not be advisable to criminalize non-violent acts performed by non-State actors in the context of the propagation of their religion, because that may pave the way for persecution of religious minorities. The Special Rapporteur recommended that cases of alleged “unethical” conversion be addressed on a case-by-case basis, examining the context and circumstances in each individual situation and dealt with in accordance with the common criminal and civil legislation.
[1]See also UDHR art 18; CRC art 14; CMW art 12; ECHR art 9; ACHR art 12; ACHPR art 8. See also Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief art 1; Declaration on the Right to Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. [2]HRC General Comment 22 para 2. [3]HRC General Comment 22 para 2.
[4] Art 1(1) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981) provides that ‘this right shall include freedom to have a religion or whatever belief of his choice …’.
[5] HRC General Comment 22 para 5. See also Special Rapporteur on freedom of religion or belief, E/CN.4/1997/91, paras 70-80 and A/HRC/6/5, paras 7-8. [6] HRC General Comment 2, para 3. See also Special Rapporteur on freedom of religion or belief, A/60/399, (2005) para 46. [7] CRC art 14. See also ICCPR art 18(4), Special Rapporteur on freedom of religion or belief, A/60/399, (2005) para 54 and A/HRC/16/53, paras. 25 and 51. [8] Special Rapporteur on freedom of religion or belief, E/CN.4/2006/5/Add.4, para 112. [9] See HRC General Comment 22 para 5. [10]Larissis and Others v Greece applications 23372/94, 26377/94 and 26378/94 (ECtHR 1998). [11]Larissis and Others v Greece para 49. [12]Kokkinakis v Greece application 14307/88 (ECtHR 1993) paras 48-49. [13] Special Rapporteur on religious intolerance, Visit to Sudan, UN Doc. A/51/542/Add.2 (1996), para 147. [14] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 42. [15] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 43. [16] Special Rapporteur on freedom of religion or belief, A/60/399, (2005), para 53. See also Special Rapporteur on freedom of religion or belief, E/CN.4/2005/61, para 42. [17] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 44. [18] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 45 and A/HRC/6/5, para. 8.
Condensed:
Freedom of religion is the right of a person to subscribe to a belief system, including associated symbols, scriptures, practices, traditions and values. Freedom of religion or belief protects theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief. It includes the right to replace ones current religion or belief with another or to adopt atheistic views. It is protected unconditionally and no one may be compelled to reveal his adherence to a religion or belief. According to international human rights law the right to hold, adopt or change a religion or belief is absolute and not subject to any limitations whatsoever.
Coercion that would impair the right to have or adopt a religion or belief is prohibited. Coercion might take the form of pressure to maintain a religion or belief or pressure to change it. States have a positive duty to protect the individual's right to hold, adopt or change his/her religion or belief from interference from non-state actors and to take appropriate measures to investigate, bring the perpetrators to justice and compensate the victims.
Comprehensive:
Article 18 of the ICCPR states: [1]
(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…
(2) No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
Freedom of religion or belief protects theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief.[2] Religion or belief should be ‘broadly construed’ and protection is not limited to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions.[3] See also *right to manifest one’s religion or belief in teaching, practice, worship and observance*.
In contrast to the UDHR, ECHR and ACHR, article 18 of the ICCPR does not explicitly refer to the freedom to change religion or belief.[4] However, the HRC has held that the freedom to ‘have or to adopt’ a religion or belief ‘necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief’.[5]
The right to hold, adopt or change a religion or belief is not subject to any limitations whatsoever. It is protected unconditionally and no one may be compelled to reveal his/her adherence to a religion or belief.[6] With respect to children, the choice of religion is restricted by the parent’s rights to determine their child’s religion up to an age where the child is capable of doing so on his/her own.[7]
The UN Special Rapporteur on freedom of religion or belief has noted concern over action taken by the French authorities against ‘cult groups’ and urged that any action taken should ‘deliver a message based on tolerance, freedom of religion or belief and on the principle that no one can be judged for his actions other than through the appropriate judicial channels.’[8]
Article 18(2) of the ICCPR bars coercion that would impair the right to have or adopt a religion or belief. Coercion might take the form of pressure to maintain a religion or belief or pressure to change it. Article 18(2) bars both.[9]
There is a distinction between permissible religious persuasion and coercion.[10] The ECtHR found in Larissis v Greece that an army officer had exploited his position of authority over his subordinates in trying to convert them.[11] In Kokkinakis v Greece the Court did not find any violation when Jehovah’s Witnesses called on their neighbour to discuss religious issues with her since that act fell under ‘bearing Christian witness’ which is protected under the freedom to manifest religion.[12] It is also noticeable that this case involved proselytizing by a person who did not have any authority over those she tried to convert.
In relation to pressure to maintain a religion, the Special Rapporteur on freedom of religion or belief indicated, in connection with the crime of apostasy in Sudan (defined as advocating for the abandonment of Islam by a Muslim), that it was essential that ‘any conversion of Muslims to another religion should not give rise to any kind of pressure, restriction or deprivation of freedom with respect to the converted believers and the religious officials of their community.’[13]
Other examples of violations of the right to hold, adopt or change religion of belief include
States have a positive duty to protect the right to hold, adopt or change religion or belief from interference from non-state actors and to take appropriate measures to investigate, bring the perpetrators to justice and compensate the victims.[16] States must prevent:
- Attempts by members of majority religious groups to convert or reconvert members of religious minorities;[17] and
- ‘Unethical’ conversions such as through promise of material benefit or by taking advantage of the vulnerable situation of the person whose conversion is sought.[18]
However, in the view of the Special Rapporteur on freedom of religion or belief, it would not be advisable to criminalize non-violent acts performed by non-State actors in the context of the propagation of their religion, because that may pave the way for persecution of religious minorities. The Special Rapporteur recommended that cases of alleged “unethical” conversion be addressed on a case-by-case basis, examining the context and circumstances in each individual situation and dealt with in accordance with the common criminal and civil legislation.[1]See also UDHR art 18; CRC art 14; CMW art 12; ECHR art 9; ACHR art 12; ACHPR art 8. See also Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief art 1; Declaration on the Right to Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
[2]HRC General Comment 22 para 2.
[3]HRC General Comment 22 para 2.
[4] Art 1(1) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (1981) provides that ‘this right shall include freedom to have a religion or whatever belief of his choice …’.
[5] HRC General Comment 22 para 5. See also Special Rapporteur on freedom of religion or belief, E/CN.4/1997/91, paras 70-80 and A/HRC/6/5, paras 7-8.[6] HRC General Comment 2, para 3. See also Special Rapporteur on freedom of religion or belief, A/60/399, (2005) para 46.
[7] CRC art 14. See also ICCPR art 18(4), Special Rapporteur on freedom of religion or belief, A/60/399, (2005) para 54 and A/HRC/16/53, paras. 25 and 51.
[8] Special Rapporteur on freedom of religion or belief, E/CN.4/2006/5/Add.4, para 112.
[9] See HRC General Comment 22 para 5.
[10]Larissis and Others v Greece applications 23372/94, 26377/94 and 26378/94 (ECtHR 1998).
[11]Larissis and Others v Greece para 49.
[12]Kokkinakis v Greece application 14307/88 (ECtHR 1993) paras 48-49.
[13] Special Rapporteur on religious intolerance, Visit to Sudan, UN Doc. A/51/542/Add.2 (1996), para 147.
[14] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 42.
[15] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 43.
[16] Special Rapporteur on freedom of religion or belief, A/60/399, (2005), para 53. See also Special Rapporteur on freedom of religion or belief, E/CN.4/2005/61, para 42.
[17] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 44.
[18] Special Rapporteur on freedom of religion or belief, A/60/399 (2005), para 45 and A/HRC/6/5, para. 8.