India is one of members of the United Nations who accept that Freedom of Faith is a fundamental Human Right

As the Rajasthan Cabinet clears the anti-Conversion Bill and its officials hound Christian priests and social workers, a gentle reminder to those who would be involved in this vicious decision becoming Law - the Chief Minister and Governor of the State of Rajasthan, the High Court of the State, and His Excellency Dr Kalam, President of India, about

INTERNATIONAL HUMAN RIGHTS STANDARDS:

Relevant provisions of international instruments concerning the protection of freedom of thought, conscience, and religion or belief.

A. EVERYONE HAS THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE, AND RELIGION
· Universal Declaration of Human Rights 1948 (UDHR), Art. 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
· International Covenant on Civil and Political Rights 1966 (ICCPR),
Art. 18:
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, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
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.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
· In general, according to the UN Human Rights Committee (HRC), The treaty body that reviews compliance with the ICCPR, Article 18 of the ICCPR protects: theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms "belief" and "religion" are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility on the part of a predominant religious community. -Human Rights Committee (HRC)
General Comment No. 22

· European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR), Art. 9:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

· Helsinki Final Act 1975, Principle VII:
The participating States will respect human rights and fundamental freedoms, including the freedom of though, conscience, religion or belief, for all without distinction as to race, sex, language or religion.

· UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief 1981 (UN 1981 Dec.), Art.
1:
(1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or belief in worship, observance, practice and teaching.
(2) No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.
(3) Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

Components of the right to freedom of thought, conscience, and religion or belief include:

1. Freedom to Change One's Religion or Belief
[UDHR, Art. 18, ECHR, Art. 9(1), OSCE Copenhagen Document, Art. 9(4)]

2. Freedom to Have or to Adopt a Religion or Belief of One's Choice
[ICCPR Art. 18(1)]

· 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;
· No limitations permitted on this freedom; and
· No individual shall be compelled to reveal his or her thoughts or adherence to a religion or belief. -HRC General Comment No. 22
(paras. 3, 5)

3. Freedom From Coercion Which Would Impair an Individual's Freedom to Have or To Adopt a Religion or Belief of His or Her Choice [ICCPR,
Art. 18(2) and UN 1981 Dec. Art. 1(2)]

· No limitations are permitted on this freedom.
· The same protection is enjoyed by holders of all beliefs of a non-religious nature.

· Examples of impermissible coercion that would impair the right to have or adopt a religion or belief include:
(a) The use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to specific beliefs and congregations, to recant their religion or belief, or to convert; and
(b) Policies or practices having the same intention or effect, such as, for example, those restricting political rights protected under article 25 of the ICCPR or access to education, medical care or employment
-Human Rights Committee (HRC) General Comment No. 22 (para. 5)

4. Freedom to Manifest Religion or Belief in Worship, Observance, Practice, and Teaching [UDHR, Art. 18, ICCPR, Art. 18(1), UN 1981 Dec.,
Art. 1, OSCE Vienna Document, Art. 16(d)]

· This freedom may be exercised in public or in private, individually or in community with others.
· This freedom, at a minimum, encompasses the following freedoms:
(a) To worship or assemble in connection with a religion or belief, and to establish and maintain, including the building of places of worship, freely accessible places for these purposes;
(b) To establish and maintain appropriate charitable or humanitarian institutions, and seminaries or religious schools;
(c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief, including the use of ritual formulae and objects, the display of symbols, observance of dietary regulations, the wearing of distinctive clothing or head coverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group;
(d) To write, issue and disseminate relevant publications in these areas;
(e) To teach a religion or belief in places suitable for these purposes;
(f) To solicit and receive voluntary financial and other contributions from individuals and institutions;
(g) To organize, train, appoint, elect, designate by succession, or replace appropriate leaders, priests and teachers called for by the requirements and standards of any religion or belief;
(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religion or belief; and
(i) To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.

5. Permissible Limitations on the Freedom to Manifest Religion or Belief
[ICCPR, Art. 18(3) and UN 1981 Dec., Art. 1(3)]
Freedom to manifest religion or belief may be subject to only such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.

· No derogation may be made from freedom of thought, conscience and religion, even during "time of public emergency which threatens the life of the nation." (ICCPR, Art. 4(2) and UDHR, Arts. 29 & 30)
· Limitations must be established by law and must not be applied in a manner that would vitiate the rights guaranteed in article 18.
· Paragraph 3 of article 18 is to be strictly interpreted: limitations are not allowed on grounds not specified there, even if they would be allowed as limitations to other rights protected in the Covenant (for example, a limitation based on national security is impermissible).
· Limitations may be applied only for those purposes for which they were prescribed and must be directly related and proportionate to the specific need on which they are predicated.
· Limitations may not be imposed for discriminatory purposes or applied in a discriminatory manner.
· Limitations on the freedom to manifest a religion or belief for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition or religion.
· Persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. -HRC General Comment No. 22 (para. 8)

B. PERSONS BELONGING TO RELIGIOUS MINORITIES SHALL NOT BE DENIED THE RIGHT, IN COMMUNITY WITH OTHER MEMBERS OF THEIR GROUP, TO PROFESS AND PRACTICE THEIR OWN RELIGION
[ICCPR, Art. 27, OSCE Vienna Document Art. 19, OSCE Copenhagen Document, and UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, Arts. 1-2 and
4]

· States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories, shall encourage conditions for the promotion of that identity, and shall adopt appropriate legislative and other measures to achieve those ends.-UN Declaration on the Rights of
Minorities

C. EVERYONE HAS THE RIGHT TO EQUAL AND EFFECTIVE PROTECTION AGAINST DISCRIMINATION ON THE BASIS OF RELIGION OR BELIEF
[ICCPR, Arts. 2(1) and 26, OSCE Vienna Document, Art. 16(a), and OSCE Copenhagen Document, Art. 40(1-2)]

This right includes the following components:

3. The Law Shall Prohibit Any Discrimination and Guarantee to All Persons Equal and Effective Protection Against Discrimination on Any Ground, Including Religion.
[ICCPR, Art. 26]

4. Protection Against Discrimination by Any State, Institution, Group of Persons or Person on the Grounds of Religion or Other Belief
[UN 1981 Dec., Arts. 2(1) and 4]

· States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.
· States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination.
· States shall take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.
-UN 1981 Dec., Arts. 4(1) and 4(2)

· Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance, and friendship among all nations, racial or religious groups ....
-UDHR Art. 26(2)

· State parties will "foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers."
-OSCE Vienna Document, principle 16b

D. STATES SHALL PROHIBIT BY LAW ANY ADVOCACY OF NATIONAL, RACIAL OR RELIGIOUS HATRED THAT CONSTITUTES INCITEMENT TO DISCRIMINATION, HOSTILITY OR VIOLENCE
[ICCPR, Art. 20]

· No manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that constitutes incitement to discrimination; hostility or violence... [and] States parties are under the obligation to enact laws to prohibit such acts.
-HRC General Comment No. 22 (para. 7)

· States commit themselves to take appropriate and proportionate measures to protect persons or groups who may be subject to threats or acts of discrimination, hostility or violence as a result of their racial, ethnic, cultural, linguistic or religious identity, and to protect their property;
-OSCE Copenhagen Document

F. FURTHER ELABORATION ON SELECTED TOPICS
1. Obligation to Ensure Rights/Provide Remedies for Violations
[ICCPR Arts. 2(2) and 2(3), UDHR Art. 8, UN 1981 Dec. Art. 7]

2. Relationship Between Religion and the State
· The fact that a religion is recognized as a state religion or established as official or traditional, or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the ICCPR, nor in any discrimination against adherents to other religions or non-believers.
· In particular, measures restricting eligibility for government service to members of the predominant religion, or giving economic privileges to them, or imposing special restrictions on the practice of other faiths are not in accordance with the prohibition of discrimination based on religion or belief and the guarantee of equal protection under ICCPR article 26.

3. Women's Equal Right to Freedom of Religion or Belief
· The principle of non-discrimination is so basic that each State party is obligated to ensure the equal right of men and women to the enjoyment of the rights set forth in the ICCPR.
-HRC General Comment No. 18 (para. 2)