Framework of Freedom of Religion or Belief

Special Rapporteur of the Commission on Human Rights on Freedom of religion or belief

Framework for communications: Extracts from the annual reports 2006 and 2007 of the Special Rapporteur on freedom of religion or belief, Asma Jahangir

E/CN.4/2006/5 , paras . 28-35:

“A. The purpose of the framework

28. The right to freedom of religion or belief, as defined by international standards, is a wide-ranging right covering a large number of distinct yet interrelated issues. This diversity is very much reflected in the information and allegations received by the Special Rapporteur. In order to enable the Special Rapporteur to respond more effectively to the information she receives, she has developed a framework for communications. This framework sets out the different types of cases or situations that are submitted to her and are within the scope of her mandate, along with the corresponding international standards relevant to each issue. The framework can be found in the annex to this report.

29. The Special Rapporteur has indicated on a number of occasions that one of the main focuses of her activities is the protection aspect of the right of individuals to freedom of religion or belief. Accordingly, the use of communications to engage with Governments on allegations of violations of individual rights is vitally important. The framework enables the Special Rapporteur to determine which elements, if any, of the mandate on freedom of religion or belief are raised by each allegation and to send more specific, tailored communications. In particular, it allows her to draw the attention of the Government concerned to the particular international standards on the specific issue or issues and to ask pertinent questions about compliance.

30. The Special Rapporteur underlines that not all the communications she receives fall neatly into one of the different categories set out in the framework. It is necessary to take the particular facts and context of each allegation into account. Furthermore, in many cases, the allegation will disclose a number of different elements of the right to freedom of religion or belief. She emphasizes that the framework is not intended to provide an exhaustive list of issues that fall within her mandate. The mandate is constantly evolving, a fact which is evidenced by the content of successive resolutions of the Commission on Human Rights. The framework is thus very much a work in progress to be developed as the Special Rapporteur continues to implement her mandate.

31. The framework is included in this report to give readers a clearer understanding of the issues that are covered by the mandate on freedom of religion or belief, and as a guide to the types of issues that are the subject of communications sent and received under the mandate. In this regard, the framework could be a useful tool for NGOs and other actors in their interactions with the Special Rapporteur.

B. International standards covered by the framework

32. The framework has been developed on the basis of an analysis of international standards on freedom of religion or belief. In her previous report to the Commission (E/CN.4/2005/61 and Corr.1), the Special Rapporteur set out the international legal instruments that are relevant to the implementation of her mandate. The primary instruments upon which the Special Rapporteur bases her activities are article 18 of the Universal Declaration of Human Rights, article 18 of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

33. Her interventions are also based on the relevant articles of the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Prevention and Punishment of the Crime of Genocide and the Convention relating to the Status of Refugees.

34. She is also guided by relevant resolutions of the Commission on Human Rights and other organs of the United Nations including the General Assembly and the Economic and Social Council. She is further guided by relevant general comments and concluding observations and jurisprudence of the treaty bodies, and the relevant provisions of international humanitarian law. The Special Rapporteur also takes into account relevant human rights instruments and jurisprudence at the regional level.

C. The elements of freedom of religion or belief covered by the framework

35. The framework is divided into five different categories. The first category deals with elements of the right to freedom of religion or belief and the right to manifest one's religion or belief. The second category covers discrimination in relation to the freedom of religion or belief. The third category deals with vulnerable groups, including women, children, refugees, members of minorities and persons deprived of their liberty. The fourth covers situations where the right to freedom of religion intersects with violations of other human rights, such as the right to freedom of expression and the prohibition on torture and other cruel, inhuman or degrading treatment or punishment. The fifth category covers cross-cutting issues including international provisions on limitations and derogations.”

A/HRC/4/21, para. 33:

“33. Uploading the framework for communications on the OHCHR website will make the legal basis of freedom of religion or belief even more easily accessible for Governments and for civil society worldwide. Furthermore, the Special Rapporteur plans to develop the existing framework into an online digest, illustrating the international standards with pertinent excerpts of the mandate-holders' findings according to the categories of her framework for communications. Consequently, the 20 years of mandate practice up to now may eventually help to flesh out the legal standards and contribute to their implementation. Compiling this online digest is a time consuming endeavour , especially as the human resources available to her mandate are very limited but exceedingly dedicated, however, the Special Rapporteur hopes to present a preliminary version in 2007.”

I. FREEDOM OF RELIGION OR BELIEF
1. Freedom to adopt, change or renounce a religion or belief
2. Freedom from coercion
3. The right to manifest one's religion or belief
a) Freedom to worship
b) Places of worship
c) Religious symbols
d) Observance of holidays and days of rest
e) Appointing clergy
f) Teaching and disseminating materials (including missionary activity)
g) The right of parents to ensure the religious and moral education of their children
h) Registration
i ) Communicate with individuals and communities on religious matters at the national and international level
j) Establish and maintain charitable and humanitarian institutions/solicit and receive funding
k) Conscientious objection
II. DISCRIMINATION
1. Discrimination on the basis of religion or belief/inter-religious discrimination/tolerance
2. State religion
III. VULNERABLE GROUPS
1. Women
2. Persons deprived of their liberty
3. Refugees
4. Children
5. Minorities
6. Migrant workers
IV. INTERSECTION OF FREEDOM OF RELIGION OR BELIEF WITH OTHER HUMAN RIGHTS
1. Freedom of expression including questions related to religious conflicts, religious intolerance and extremism
2. Right to life, right to liberty
3. Prohibition on torture and other cruel, inhuman or degrading treatment or punishment
V. CROSS-CUTTING ISSUES
1. Derogation
2. Limitation
3. Legislative issues
4. Defenders of freedom of religion or belief and non-governmental organizations