CCPR/C/21/Rev.1/Add.4
page 3
7.
According to article 20, no manifestation of religions or beliefs may
amount to propaganda for war or advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence.
As stated by the Committee in its General Comment 11 [19], States parties are
under the obligation to enact laws to prohibit such acts.
8.
Article 18 (3) permits restrictions on the freedom to manifest religion
or belief only if limitations are prescribed by law and are necessary to
protect public safety, order, health or morals, or the fundamental rights and
freedoms of others. The freedom from coercion to have or to adopt a religion
or belief and the liberty of the parents and guardians to ensure religious
and moral education cannot be restricted. In interpreting the scope of
permissible limitation clauses, States parties should proceed from the need to
protect the rights guaranteed under the Covenant, including the right to
equality and non-discrimination on all grounds specified in articles 2, 3
and 26. Limitations imposed must be established by law and must not be
applied in a manner that would vitiate the rights guaranteed in article 18.
The Committee observes that paragraph 3 of article 18 is to be strictly
interpreted: restrictions are not allowed on grounds not specified there,
even if they would be allowed as restrictions to other rights protected in the
Covenant, such as national security. 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. Restrictions
may not be imposed for discriminatory purposes or applied in a discriminatory
manner. The Committee observes that the concept of morals derives from many
social, philosophical and religious traditions; consequently, 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. 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.
States parties’ reports should provide information on the full scope and
effects of limitations under article 18 (3), both as a matter of law and of
their application in specific circumstances.
9.
The fact that a religion is recognized as a State religion or that it
is 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 Covenant, including articles 18
and 27, nor in any discrimination against adherents of other religions or
non-believers. In particular, certain measures discriminating against the
latter, such as 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 article 26. The measures
contemplated by article 20, paragraph 2, of the Covenant constitute important
safeguards against infringements of the rights of religious minorities and of
other religious groups to exercise the rights guaranteed by articles 18
and 27, and against acts of violence or persecution directed toward those
groups. The Committee wishes to be informed of measures taken by States
parties concerned to protect the practices of all religions or beliefs from
infringement and to protect their followers from discrimination. Similarly,