|
| You
are in Politics and law / Law library Declaration
on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief G.A.
res. 36/55, 36 U.N. GAOR Supp. (No. 51) at 171, U.N. Doc. A/36/684 (1981).
The
General Assembly, Considering
that one of the basic principles of the Charter of the United Nations is that
of the dignity and equality inherent in all human beings, and that all Member
States have pledged themselves to take joint and separate action in co-operation
with the Organization to promote and encourage universal respect for and observance
of human rights and fundamental freedoms for all, without distinction as to race,
sex, language or religion, Considering
that the Universal Declaration of Human Rights and the International Covenants
on Human Rights proclaim the principles of nondiscrimination and equality before
the law and the right to freedom of thought, conscience, religion and belief,
Considering
that the disregard and infringement of human rights and fundamental freedoms,
in particular of the right to freedom of thought, conscience, religion or whatever
belief, have brought, directly or indirectly, wars and great suffering to mankind,
especially where they serve as a means of foreign interference in the internal
affairs of other States and amount to kindling hatred between peoples and nations,
Considering
that religion or belief, for anyone who professes either, is one of the fundamental
elements in his conception of life and that freedom of religion or belief should
be fully respected and guaranteed, Considering
that it is essential to promote understanding, tolerance and respect in matters
relating to freedom of religion and belief and to ensure that the use of religion
or belief for ends inconsistent with the Charter of the United Nations, other
relevant instruments of the United Nations and the purposes and principles of
the present Declaration is inadmissible, Convinced
that freedom of religion and belief should also contribute to the attainment of
the goals of world peace, social justice and friendship among peoples and to the
elimination of ideologies or practices of colonialism and racial discrimination,
Noting
with satisfaction the adoption of several, and the coming into force of some,
conventions, under the aegis of the United Nations and of the specialized agencies,
for the elimination of various forms of discrimination, Concerned
by manifestations of intolerance and by the existence of discrimination in matters
of religion or belief still in evidence in some areas of the world, Resolved
to adopt all necessary measures for the speedy elimination of such intolerance
in all its forms and manifestations and to prevent and combat discrimination on
the ground of religion or belief, Proclaims
this Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief: Article
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 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 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. Article
2 1.
No one shall be subject to discrimination by any State, institution, group of
persons, or person on the grounds of religion or other belief. 2.
For the purposes of the present Declaration, the expression "intolerance and discrimination
based on religion or belief" means any distinction, exclusion, restriction or
preference based on religion or belief and having as its purpose or as its effect
nullification or impairment of the recognition, enjoyment or exercise of human
rights and fundamental freedoms on an equal basis. Article
3 Discrimination
between human beings on the grounds of religion or belief constitutes an affront
to human dignity and a disavowal of the principles of the Charter of the United
Nations, and shall be condemned as a violation of the human rights and fundamental
freedoms proclaimed in the Universal Declaration of Human Rights and enunciated
in detail in the International Covenants on Human Rights, and as an obstacle to
friendly and peaceful relations between nations. Article
4 1.
All 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. 2.
All States shall make all efforts to enact or rescind legislation where necessary
to prohibit any such discrimination, and to take all appropriate measures to combat
intolerance on the grounds of religion or other beliefs in this matter.
Article
5 1.
The parents or, as the case may be, the legal guardians of the child have the
right to organize the life within the family in accordance with their religion
or belief and bearing in mind the moral education in which they believe the child
should be brought up. 2.
Every child shall enjoy the right to have access to education in the matter of
religion or belief in accordance with the wishes of his parents or, as the case
may be, legal guardians, and shall not be compelled to receive teaching on religion
or belief against the wishes of his parents or legal guardians, the best interests
of the child being the guiding principle. 3.
The child shall be protected from any form of discrimination on the ground of
religion or belief. He shall be brought up in a spirit of understanding, tolerance,
friendship among peoples, peace and universal brotherhood, respect for freedom
of religion or belief of others, and in full consciousness that his energy and
talents should be devoted to the service of his fellow men. 4.
In the case of a child who is not under the care either of his parents or of legal
guardians, due account shall be taken of their expressed wishes or of any other
proof of their wishes in the matter of religion or belief, the best interests
of the child being the guiding principle. 5.
Practices of a religion or belief in which a child is brought up must not be injurious
to his physical or mental health or to his full development, taking into account
article 1, paragraph 3, of the present Declaration. Article
6 In
accordance with article I of the present Declaration, and subject to the provisions
of article 1, paragraph 3, the right to freedom of thought, conscience, religion
or belief shall include, inter alia, the following freedoms: (a)
To worship or assemble in connection with a religion or belief, and to establish
and maintain places for these purposes; (b)
To establish and maintain appropriate charitable or humanitarian institutions;
(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; (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 train, appoint, elect or designate by succession appropriate leaders 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; (i)
To establish and maintain communications with individuals and communities in matters
of religion and belief at the national and international levels. Article
7 The
rights and freedoms set forth in the present Declaration shall be accorded in
national legislation in such a manner that everyone shall be able to avail himself
of such rights and freedoms in practice. Article
8 Nothing
in the present Declaration shall be construed as restricting or derogating from
any right defined in the Universal Declaration of Human Rights and the International
Covenants on Human Rights. Back
to top | |