Freedom of religion or belief (FoRB)
The human right guaranteed by Article 18 of the ICCPR: freedom of thought, conscience and religion, including the freedom to adopt a religion or belief of one's choice and to manifest it, alone or in community with others, in public or private.
“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.”
Article 18.1 of the International Covenant on Civil and Political Rights (ICCPR) guarantees everyone the right to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of one’s choice, and the freedom to manifest it, individually or in community with others, in public or private, in worship, observance, practice and teaching. The UN Human Rights Committee, in its General Comment 22 on Article 18, characterises the right as far-reaching and profound: it encompasses freedom of thought on all matters, personal conviction, and commitment to religion or belief.
What counts as religion or belief
Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion at all. The terms “belief” and “religion” are to be broadly construed. Nor is the protection reserved for established faiths: Article 18 is not limited to traditional religions, and the Committee views with concern any tendency to discriminate against a religion or belief for any reason, including the fact that it is newly established, or represents a religious minority that may be the subject of hostility on the part of a predominant religious community.
An unconditional inner freedom
The inner freedom (to think, to hold a conviction, to have or to adopt a religion or belief of one’s choice) admits no limitation whatsoever: General Comment 22 holds that these freedoms are protected unconditionally. Article 18.2 shields that inner freedom from pressure: no one may be subjected to coercion that would impair their freedom to have or to adopt a religion or belief of their choice. The Committee reads Article 18.2 as barring coercion (including threats of physical force or penal sanctions) used to compel believers or non-believers to adhere to a religion, to recant their belief, or to convert.
Narrow limits on manifestation
Manifesting religion or belief, by contrast, may be limited, but only where the limits are prescribed by law and necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others. The Committee requires that clause to be strictly interpreted: restrictions are not allowed on grounds not specified there, even grounds (such as national security) that may justify restricting other Covenant rights. Limitations must also be directly related and proportionate to the specific need they answer, and may never be imposed for discriminatory purposes or applied in a discriminatory manner. The right itself cannot be suspended: under Article 4.2 of the Covenant, freedom of thought, conscience and religion is non-derogable, even during a public emergency threatening the life of the nation.
Minorities and state religions
Article 27 of the Covenant adds a specific guarantee for religious minorities: persons belonging to them may not be denied the right, in community with the other members of their group, to profess and practise their own religion. A dominant position confers no privilege over others, either: a religion’s status as a state, official or majority religion must not impair the Covenant rights of adherents of other religions or of non-believers, nor result in discrimination against them.