Freedom to Believe: A Defining Freedom of our Time

Freedom to Believe: A Defining Freedom of our Time

Published in the United Nations Chronicle, Volume 3, 2006 [1]

This November, the international community will mark the 25^th anniversary of the adoption of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief—the only international human rights instrument to exclusively focus on this freedom. Despite the unanimous adoption of the Declaration on 25 November 1981, unrelenting discrimination based on religion and belief, the proliferation of violence in the name of religion and a groundswell of religious extremism continues unabated.

The right to change one’s religion or belief was first articulated by the Universal Declaration of Human Rights which states,

• 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. (Article 18, UDHR)
• Underlining the centrality of this right in international law, the right to freedom of religion or belief was accorded the status of a ‘non-derogable’ right.

Among the activities encompassed by this right, the right to share or teach one’s religion or beliefs has been particularly contentious. While the 1981 Declaration calls for the unconditional protection of the ‘internal’ right to freedom of religion, the ‘external’ right to manifest one’s beliefs is subject to limitations: governments are permitted to place restrictions on this right to ‘meet the just requirements of morality, public order and the general welfare in a democratic society’. States, however, often abuse this latitude and overstep the bounds of legitimate governmental interference in manifestations of religion and belief. The United Nations Special Rapporteur on freedom of religion or belief, tasked in part with realizing the goals of the 1981 Declaration, has drawn attention to this crucial aspect,

The burden of justifying a limitation upon the freedom to manifest one’s religion or belief lies with the State. The chosen measures should promote religious tolerance and avoid stigmatizing any particularly religious community. Furthermore, the principles of appropriateness and proportionality need to be thoroughly respected both by the administration and during possible legal review. (E/CN.4/2006/5, 9 January 2006, para. 66)

 A further challenge before states is the maintenance of social cohesion in the face of increasing cultural pluralism. Often, the threat of social instability and violent protest becomes the primary motive for a state’s decision to accommodate minority claims. Yet this reactive mode breeds a dangerous pattern, responding to violence, while peacefully organized religious groups find their concerns unheeded.

The responsibility of religious leaders in engendering and sustaining a culture of peaceful co-existence cannot be overstated when addressing the issue of freedom of religion and belief. In fact, given the weight of religion in shaping motivation and behavior, it is clear to the Bahá’í International Community that legal mechanisms alone will not effect the required change. We must acknowledge that the world’s religions have imparted a vast spiritual, moral and civilizational legacy, which the majority of the world’s inhabitants continue to draw on. The challenge to leaders of religion is clear—to identify and champion those spiritual principles that can answer the questions posed by an age hungering for unity and justice in human affairs or to continue to fan the flames of hatred in the name of religion.

Where can we go from here? First, the United Nations must unequivocally affirm an individual’s right to change his or her religion under international law. Under Article 96 of the United Nations Charter, the General Assembly may ask the International Court of Justice for an advisory opinion on the status of the right to freedom of religion or belief—clarifying whether this right has attained the status of customary international law or is left to the interpretation of each state. Such a clarification would lend moral force to the condemnation of policies and practices that violate the principle of non-discrimination in matters of religion or belief.

Second, the United Nations should articulate standards for compliance with this international law, such as indicators, marking the presence or absence of freedom of religion or belief. An annual world report, assessing the state of this freedom throughout the world, would further facilitate comparisons over time and across geographic regions. Finally, as women often bear the greatest burden of religious extremism and ensuing violations of human freedoms, the Committee on the Elimination of All Forms of Discrimination against Women should consider formulating a comment on issues specific to women’s freedom of religion or belief.

The upcoming anniversary of the 1981 Declaration sets the stage for a timely re-examination of this fundamental freedom and the means for its protection. In the Special Rapporteur’s words, “The Special Rapporteur encourages Governments and non-governmental organizations (NGOs) to take advantage of this occasion to organize events that will highlight the importance of promoting freedom of religion or belief and challenge the rising tide of intolerance.” (A/60/399, 30 September 2005) In this task, the Bahá’í International Community considers, we must not be guided only by legal necessity; rather we must view it as part of a much larger undertaking of shaping attitudes and practices that allow human potential to emerge and flourish. The human mind, endowed with reason and conscience, must be free to search for truth and to believe.

[1]http://www.un.org/Pubs/chronicle/2006/issue3/0306cont.htm