Introduction to FORB
Freedom of Religion or Belief
Defining Freedom of Religion or Belief (FORB)
1.
Understanding Religious Freedom within the International Human Rights Framework
Freedom of religion or belief (FoRB) is universally recognized in human rights law as the liberty of all individuals to hold, adopt, change, or renounce a religion or belief. It protects theistic, non-theistic, atheistic, and minority beliefs, as well as the right not to profess any belief. FoRB has both an individual and a collective dimension, allowing persons to practice their religion alone or in community with others.
The Universal Declaration of Human Rights (Article 18) and the International Covenant on Civil and Political Rights (Article 18) provide the most widely accepted definitions. They distinguish between the internal freedom of conscience, which is absolute and cannot be limited, and the external manifestation of religion or belief, which may be restricted under strict conditions. Importantly, FoRB cannot be interpreted in ways that undermine other rights; it must always be applied consistently with principles of universality, equality, and non-discrimination.
2.
What is Human Rights?
The term ‘human rights’ is comparatively recent in origin, but as we have already seen, the idea of human beings having intrinsic entitlements is ancient. The intellectual origins of rights can be traced back to human reasoning about morality, power, and the relationship between those who rule and those who are ruled not least the relationship between humankind and the Divine Creator. Deliberation on these matters has taken place across cultures, and already took place in the ancient civilizations of Babylon, China, India, Greece and later Rome.
In a practical sense, people acquire rights and responsibilities through their membership in a group – a family, indigenous nation, religion, class, community, or state. However, human rights refer to entitlements and privileges one should enjoy only by virtue of being a human. Some use the word human dignity to explain this concept of the intrinsic worth of a human being.
Emerging from the First World War was the League of Nations, a global organisation built around a desire to outlaw wars and to prevent future wars. Within its framework was embedded the idea of protecting the rights of racial, religious or linguistic minorities, rights that could be taken up through the League of Nations. This has of course particular significance for the development of the FORB.
Article 2 of the UDHR: “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made based on the political, jurisdictional or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or under any other limitation of sovereignty.”
3.
Protections and Interpretations in International Law
Religious freedom is safeguarded across several legal frameworks.
International Human Rights Law (IHRL): This applies at all times, whether in peace or conflict. FoRB is guaranteed through the ICCPR, ICESCR, CEDAW, CRC, Refugee and Stateless Persons Conventions, and other treaties. States are required to respect the right (avoid interference), protect it (prevent violations by others), and fulfill it (create enabling conditions).
International Humanitarian Law (IHL): In armed conflict, FoRB is reinforced by customary humanitarian rules. These require respect for convictions and practices of civilians and detainees, protection of religious personnel, and safeguarding of religious sites. For example, attacks on places of worship or use of sacred sites for military purposes are prohibited unless justified by absolute military necessity.
International Criminal Law (ICL): The Rome Statute of the International Criminal Court criminalizes acts such as genocide, persecution, and war crimes committed against religious groups. Genocide includes killing or causing serious harm to members of a religious group with intent to destroy it. Crimes against humanity cover systematic persecution based on religion, while war crimes prohibit deliberate attacks on religious and cultural sites.
Regional Human Rights Law: Regional systems provide additional protections. The African Charter recognizes freedom of profession and practice of religion. The American Convention on Human Rights protects freedom of conscience and religion, including parental rights in education. The European Convention protects freedom of thought, conscience, and religion, subject only to necessary limitations in democratic societies. The Arab Charter and Islamic Declarations emphasize both freedom of worship and restrictions against defamation or hostility toward religions.
4.
Elements of Religious Freedom under International Human Rights Law
FoRB consists of several elements, each with its own legal protection.
Freedom to adopt, change, or renounce a religion or belief: This is absolute. No person may be forced to reveal their beliefs or prevented from changing or abandoning them. Even in states with an official religion, minorities must be free to practice their faith.
Freedom from coercion: Individuals and communities cannot be compelled to accept or renounce beliefs through threats, violence, or restrictions on access to services. In Laos, for example, Christians were pressured to sign statements renouncing their faith, and those who refused were detained and denied education for their children. Such coercion is prohibited under international law.
Right to manifest religion or belief: Manifestation includes worship, observance, teaching, and practice, whether public or private, individual or collective. It protects both personal acts and institutional expression. This covers:
- Worship and assembly: People may practice their faith without compulsory registration.
- Places of worship: States must respect and protect religious sites. In Argentina, land was returned to indigenous groups to restore access to sacred sites, while in Turkey, recommendations were made to ensure Christian minorities could maintain churches.
- Religious symbols: Wearing religious attire or displaying symbols is protected, though some states impose restrictions. International bodies stress that any restriction must serve a legitimate, proportionate aim.
- Holidays and days of rest: Observance of religious holidays is protected. In some countries, bans on ceremonies violated this right, while others, like Pakistan and Australia, accommodated minority requests.
- Appointment of clergy and dissemination of teachings: Religious communities may choose their leaders, establish schools, and share materials. In South Korea, attempts to force prisoners to change political or religious views were deemed violations.
- Parental rights: Parents and guardians have the right to ensure the religious and moral upbringing of their children. Canada, for example, was found in violation for funding only Catholic schools while denying equal support to other communities.
- Registration of institutions: Registration should not be required for worship and, where needed, must be fair. In Turkmenistan, Jehovah’s Witnesses faced discrimination when registration was denied based on their beliefs.
- Communication and humanitarian institutions: Communities may engage across borders and establish charitable organizations.
- Conscientious objection: States requiring military service must provide non-punitive alternatives.
Non-discrimination: Everyone has the right to equal treatment regardless of religion. States must combat intolerance, ensure remedies for victims, and provide education that promotes respect. Aggravated discrimination — where religious discrimination is compounded by racial or ethnic bias — is considered a particularly serious violation.
5.
Lawful Limitations on Religious Freedom
Certain aspects of FoRB are absolute, such as the freedom of thought and conscience, the right to adopt or change beliefs, and the right of parents to ensure their children’s religious education. These cannot be limited under any circumstances.
Other elements, such as the manifestation of religion in public life, may be restricted only under strict conditions: limitations must be prescribed by law, necessary to protect public safety, order, health, morals, or the rights of others, and applied in a proportionate, non-discriminatory way. For example, states cannot label peaceful religious practices as “propaganda” or “incitement” without clear evidence of harm.
6.
Protecting the Religious Freedom of Groups at Risk
Certain groups face greater exposure to violations of FoRB and therefore require special attention.
Women: Women often experience less visible but equally serious violations, such as restrictions on clothing, denial of legal recognition, or coerced practices justified by appeals to religion. Regulations imposing or banning specific attire may violate multiple rights, including freedom of religion, expression, movement, and protection against arbitrary arrest. International law insists that religious or cultural practices cannot override women’s rights to equality.
Refugees and Internally Displaced Persons (IDPs): Displacement often strips communities of access to places of worship and makes them targets of hostility. Refugees retain their right to practice religion wherever they reside, and host states must facilitate this.
Children: Parents have the right to guide their children’s upbringing in line with their convictions, but children cannot be forced into religious education against their parents’ will. Public education must remain neutral, with opt-out provisions for minorities.
Religious and Belief Minorities: Minorities often face aggravated discrimination, especially in states with an official religion. International law recognizes their right to freely practice and maintain their identity without state interference.
Migrant Workers: Migrants retain FoRB protections regardless of status. Host countries must ensure they can worship, observe rituals, and maintain their traditions.
Persons Deprived of Liberty: Prisoners do not lose their religious rights. They are entitled to worship, dietary accommodations, access to clergy, and religious literature. States must ensure these protections in detention facilities.
7.
Intersection with Other Human Rights
FoRB is deeply interconnected with other rights:
- Freedom of Expression and Association: Essential for teaching, sharing, and practicing beliefs, whether through publications, gatherings, or institutions.
- Right to Life and Liberty: Violations of FoRB often involve arbitrary detention, harassment, or killings of individuals based on their beliefs.
- Prohibition of Torture: Many religious persecution cases involve torture or degrading treatment targeting religious identity, making FoRB inseparable from the broader ban on inhuman treatment.
Because human rights are indivisible, protecting FoRB strengthens the protection of all rights. Conversely, violations of religious freedom often signal broader patterns of abuse and systemic discrimination
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