UNITED NATIONS, HUMAN RIGHTS &
FREEDOM
OF RELIGION OR BELIEF
Country & communITy DATABASE
Name the community & country and introduce the report.
II. DEMOGRAPHIC PROFILE
Population: Describe the population of the community
and ethnic characteristics.
III. 1981 U.N. DECLARATION ON THE ELIMINATION
OF ALL FORMS
OF INTOLERANCE AND OF DISCRIMINATION
BASED ON
RELIGION OR BELIEF
ARTICLE 1: Legal Definition
Article 1 repeats Article 18 of the ICCPR which is a legally-binding
definition under the International Covenant on Civil and Political Rights.
Article 1 is the legal basis for the other seven articles of the 1981
U.N. Declaration on Freedom of Religion or Belief. Based on your research,
write a short introduction of how Article 1 is and is not a foundation
for freedom or religion or belief in your community.
PARAGRAPH 1.1: Policy and Legal Framework
Everyone shall have the right to freedom of thought, conscience
and religion. This right shall include freedom to have a religion or
belief of their choice, and freedom either individually or in community
with others, and in private or public to manifest their religion or
belief in worship, observance, practice and teaching.
Write the constitutional principle and/or legal framework of your country
that refers to freedom of religion or belief.
1.1.1: Everyone shall have
the right to freedom of thought, conscience and religion.
Briefly describe what each of these terms mean
in the 1981 Declaration and how they apply to your community.
1.1.2:This right
shall include freedom to have a religion or belief of their choice.
Describe what freedom to choose whatever belief means in the 1981 U.N
Declaration. Are individuals in your community free to join or to leave
a religion or belief of their choice? Explain.
1.1.3:This right
shall include freedom individually, in community, in public or private.
Are there any instances in your community where freedom to practice
your religion or belief as an individual, in community, in private or
public been denied? Explain.
1.1.4:It includes
the right to manifest a religion or belief in worship, observance,
practice and teaching.
Explain what each term means within the cultural context of your community.
PARAGRAPH 1.2: Coercion and Freedom to Choose
No one shall be subject to coercion, which
would impair their freedom to have a religion or belief of their choice.
1.2.1:Coercion
Coercion can mean intellectual, moral or psychological compulsion as
well as physical force. Explain your research on any incidents of coercion
in your community.
1.2.2:Impairment
Explain what impairs mean and describe any incidents in your community.
1.2.3:Choice
Has choice been denied because of being impaired in your community?
Explain.
PARAGRAPH 1.3: Limitations on a Religion
or Belief
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 the public safety, order, morals, or the fundamental
rights and freedoms of others.
There are six ways in which the manifestation of a religion or belief
can be limited by a State. Limitations must always be by law and for
a specific purpose. Review the Topic Notes and General Comment on Article
18 for this term. Describe and write a one paragraph explanation of your
research for each term. If applicable, relate specific incidents in your
community where a term/s was used to limit a religion or belief.
1.3.1:Law
1.3.2: Public Safety
1.3.3: Order
1.3.4: Health
1.3.5: Morals
1.3.6: Fundamental Freedoms
ARTICLE 2: Classifying Discrimination
Article 2 explains who can be identified as committing acts of discrimination
based on religion or belief and what the terms “intolerance” and “discrimination” means.
Write a two paragraph introduction to the article based on your research
for a community report.
PARAGRAPH 2.1: Four Categories
No one shall be subject to discrimination by any State, institution,
groups of persons or person on grounds of religion or belief.
Article 2 paragraph 1 describes four categories of State and non-state
parties who discriminate or who allegedly are discriminated against on
grounds of religion or belief. Case studies on discrimination will always
include one or more of these categories. Explain what each category means
with specific examples from your community for each category.
2.1.1:No one shall
be subject to discrimination by any State.
2.1.2: No one shall
be subject to discrimination by any Institution.
2.1.3:No one shall
be subject to discrimination by any Groups of Persons.
2.1.4:No one shall
be subject to discrimination by any Person.
PARAGRAPH 2.2: Two Definitions
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.
2.2.1:Intolerance
Give an example of intolerance based on religion or belief in your community.
2.2.2: Discrimination
Give an example of discrimination based on religion or belief in your
community.
ARTICLE 3: Link to Other Rights
Article 3 links other human rights instruments to Article 18 and the
1981 U.N. Declaration. Write a brief introduction on a link to another
human rights instrument for your community research.
PARAGRAPH 3.1: Indivisibility of Human Rights
Discrimination between human beings on 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.
3.1.1: International Covenant on
Civil and Political Rights
Give two or three examples of ICCPR links you are using for your community
report.
3.1.2:International
Covenant on Economic, Social and Cultural Rights
Give two or three examples of ICESCR links you are using for your community
report.
3.1.3:Regional Human
Rights Instruments
Give two examples of links to regional instruments that apply to your
country, such as the European Convention on the Protection of Human Rights
and Fundamental Freedoms or the Organization of African States. Explain
how they were used for your research.
3.1.4: Other Human Rights Instruments
U.N. bodies such as the International Labor Organization (ILO), UNESCO
or World Health Organization (WHO). Give examples from your research
on alleged incidents in your community that violate human rights to employment,
education or health.
ARTICLE 4: Effective Measures
Article 4 is the way in which the 1981 U.N. Declaration proposes solutions
to alleged acts of intolerance and discrimination based on religion or
belief. Write a two paragraph introduction based on your research for
the article.
PARAGRAPH 4.1: Fields of Civic Activity
All States shall take effective measures to prevent and eliminate
discrimination on 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.
Explain
how your community promotes tolerance and prevents discrimination in
each of these five fields of civic activity; civil, economic, political,
social and cultural life.
4.1.1:Are there
effective measures to prevent and eliminate discrimination on grounds
of religion or belief in the field of civil life?
Civil services including engineering and public works departments, zoning
departments, police, military, anything in the public domain that serves
the community. Summarize your research below on how you would use civil
services as effective measures to reduce intolerance and discrimination
based on religion or belief in the community.
4.1.2:Are there
effective measures to prevent and eliminate discrimination on grounds
of religion or belief in the field of economic life?
Corporations, business associations, government employment departments,
economic development departments, religions or beliefs, non-profit corporations,
private employment agencies, self-employed persons. Summarize your research
below on how you would resources as effective measures to reduce intolerance
and discrimination based on religion or belief in the community.
4.1.3:Are there
effective measures to prevent and eliminate discrimination on grounds
of religion or belief in the field of political life?
Political parties, mayor, village manager, city council, school boards,
appointed commissions. Summarize below your research on how you would
use political resources (other than legislation) as effective measures
to reduce intolerance and discrimination based on religion or belief
in the community.
4.1.4:Are there
effective measures to prevent and eliminate discrimination on grounds
of religion or belief in the field of social life?
Departments and organizations in the social services such as; religious
leadership, places of worship or association, government health departments,
public, private and religious schools, housing programs, welfare departments,
etc. Summarize your research on how you would use social resources as
effective measures to reduce intolerance and discrimination based on
religion or belief and in the community.
4.1.5:Are there
effective measures to prevent and eliminate discrimination on grounds
of religion or belief in the field of cultural life?
Culture is defined as the ideas, customs, skills, languages, literature and arts of a given group of people passed on from generation to generation. Are cultural values and cultural life used as resources to prevent intolerance and discrimination based on religion or belief in your community and if so how?
PARAGRAPH 4.2: Legislation and Regulations
All States shall make all efforts to enact or rescind legislation
where necessary to prohibit any such discrimination, and to make all
appropriate measures to combat intolerance on grounds of religion or
other beliefs in this matter.
4.2.1:Enact and
rescind legislation and regulations where necessary.
Explain the meaning of enacting and rescinding local laws, rules and
regulations to prevent discrimination based on religion or belief in
your community. Compile a list on a separate sheet of paper of the laws
and regulations that should be rescinded or enacted and summarize below.
4.2.2:Make all appropriate
measures to combat intolerance.
Intolerance is a deadly form of bigotry. Legislative redress for grievances
can only come from legally defined acts of discrimination. Explain how
you would use specific community resources for proposed solutions to
combat intolerance on grounds of religion or belief.
ARTICLE 5: Parents, Children, State
Introduce Article 5 as one paragraph broken into five sub-paragraphs
to discuss the rights of parents, children and the state.
PARAGRAPH 5.1: Rights of the Three Parties
Article 5 has one paragraph with five sub-paragraphs or terms. The language
of the article is in italics for each of the terms and measures. It is
done this way because of the sensitivity and importance of the article
for all parties and the religions or beliefs in a community. Breaking
the paragraph into terms and measures will make it easier to exchange
information with other communities and cultures on this article.
5.1.1: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 shall be brought up.
Explain what this means giving specific examples where this may be a
problem in your community. If you are preparing a community case study
of alleged discrimination, give specific examples of where parent rights
have been violated.
5.1.2: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.
Parents have the right to organize life within the family and to provide
moral education for their children. Are there examples in your community
when parental wishes conflict with their own religion or belief, the
laws and regulations of your nation, or the rights of the child? Explain.
5.1.3: The child shall be protected from any form of discrimination on grounds of religion or belief. They 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 their fellow men and women.
Give examples of children’s need for protection based on grounds
of religion or belief in your community. Summarize your research below
with specific examples.
5.1.4:In the case
of a child who is not under the care of 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.
Are there children not in the care of parents or legal guardians in
your community? If so, explain how their interests in matters of religion
or belief are protected. Give specific examples. Describe what “best
interests of the child” means.
5.1.5: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.
Explain what this sub-paragraph means. Summarize your research by giving
at least two specific examples in your community where children are protected
by the State or need to be protected against a religion or belief.
ARTICLE 6: Specific Freedoms
Introduce Article 6 as identifying nine specific freedoms that are manifestations
of the right to worship, observance, practice and teaching.
PARAGRAPH 6.1: Nine Rights
In accordance with Article 1 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:
6.1.1: To worship or assemble in
connection with a religion or belief, and to establish and maintain
places for these purposes;
Describe the right to assemble and to maintain places of worship. Have
any of these rights been denied due to intolerance and discrimination
based on religion or belief in your community? Explain
6.1.2:To establish
and maintain appropriate charitable or humanitarian institutions;
Describe the charitable and humanitarian institutions in your community.
Have any of them been denied the right to establish or maintain themselves
in your community?
6.1.3: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;
Are there laws or regulations that prohibit the use of materials for
rites and customs in your community? Explain and give specific examples
6.1.4:To write,
issue and disseminate relevant publications in these areas;
Are religions or beliefs been denied these rights in your community?
Summarize your research with specific examples below.
6.1.5:To teach a
religion or belief in places suitable for these purposes;
Are there registration requirements, rules, regulations or zoning laws
in your community that make it hard for a religion or belief to find
a suitable place for teaching? Are there other restrictions on finding
a suitable place to teach? Explain.
6.1.6:To solicit
and receive voluntary financial and other contributions from individuals
and institutions;
Are financial contributions allowed from outside of your country to
a religion or belief in your community? Are there any limits on these
or other types of contributions? Explain with specific examples.
6.1.7:To train,
appoint, elect or designate by succession appropriate leaders called
for by the requirements and standards of any religion or belief;
Are there any restrictions by the State for selecting leaders called
for by a religion or belief in your community? Explain and summarize
your research.
6.1.8:To observe
days of rest and to celebrate holidays and ceremonies in accordance
with the precepts of one’s religion or belief;
Labor laws of a country may restrict days of rest, celebrations and
holidays for religions or beliefs that have requirements different from
the prevailing majority religion or belief. Summarize your research on
religions or beliefs in your community. Are there exemptions for minority
beliefs? Explain.
6.1.9:To establish
and maintain communications with individuals and communities in matters
of religion or belief at the national and international levels;
Do majority religions or beliefs have special privileges for access
to the media, radio and television in your community? What community
rights and limitations are there to maintain communications for religion
or belief? Explain.
ARTICLE 7: National Legislation
Introduce Article 7 as the national equivalent of Article 4 at the local
level.
PARAGRAPH 7.1: Enacted
and Available in Practice. These 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 themselves of
such rights and freedoms in practice.
7.1.1:Set Forth
in Legislation
Summarize your Compilation of National and Community Laws and Regulations.
Identify specific national laws or regulations that would benefit your
community.
7.1.2:Available
in Practice
National laws and regulations may be on the books but not available
in practice. Summarize what national laws may not be available in practice
in your community.
ARTICLE 8: Existing Protections
Write an introduction to Article 6 that links it to all other international
rights.
PARAGRAPH 8.1: International Bill of Human Rights
Nothing in the present Declaration shall be construed as restricting
or derogating any right defined in the Universal Declaration of Human
Rights and the International Covenants on Human Rights.
8.1.1:Non-restriction
and Derogation
Explain what the International Bill of Human Rights means and how it
protects against the misuse of the present Declaration.
8.1.2:Conventions
and Declarations
Explain the protection other Conventions and Declarations provides.
IV. GENERAL ASSESSMENT
INTRODUCTION
The method of introducing the Community Assessment Report is to bring
together research on the parts of The 1981 UN Declaration in Section
III in a clear and concise manner which will enable the reviewer to understand
the relationships and show a path to achieving the goal of promoting
tolerance and preventing discrimination based on religion or belief.
Summarize your work in the community in preparation for a discussion
of the basic issues and case studies which will follow.
BASIC ISSUES
This section prioritizes and distinguishes what is important from unimportant
in building tolerance and preventing discrimination in the community.
Include three or four of the most important community issues that have
surfaced during research for the report. They may include topics already
covered by the 1981 UN Declaration such as the specific rights in Article
6.1 or new topics such as registration or conversion that are important
to freedom of religion or belief. Identify and prioritize basic issues
in which the community is promoting a spirit of tolerance and issues
of intolerance and discrimination that need to be addressed. Identify
from three to five basic issues. Number and title each basic issue.
CASE STUDIES
The eight articles of the 1981 UN Declaration are a human rights paradigm
on freedom of religion or belief to construct when, where, who, why and
what happened in alleged incidents of discrimination. Cases may involve
general intolerance to specific incidents of discrimination for instance
in housing, employment, health, building permits, zoning, education,
etc. Identify and number the articles including Article 3.1 that links
violations to other human rights instruments to describe the violations.
Write capsule summaries of three to four cases. Number and title each
case study.
V. EFFECTIVE MEASURES
Article 4.1: All States shall take effective measures
to prevent and elimination discrimination on the grounds of religion
or belief in the recognition and enjoyment of human rights and fundamental
freedoms in all fields of civil, economic, political, social and cultural
life. Article 4.2: All States shall make
all efforts to enact or rescind legislation where necessary to prohibit
any such discrimination, and to make all appropriate measures to combat
intolerance on grounds of religion or belief in this matter.
Article
4: Effective Measures is used to exchange information, collect data
and identify best practices to promote tolerance and prevent discrimination
in a community. Proposed solutions may include expanding programs that
are already working, proposing new programs, enacting or rescinding legislation
where necessary.
4.1.1: CIVIL
Civil
in this context means programs and materials promoted by the government
in the public domain such as the civil service, police department, civil
engineers, etc. Identify proposed programs and materials in this sector
to promote tolerance and prevent discrimination based on religion or
belief. Number and title each proposed solution.
4.1.2: ECONOMIC
Economic in this context means providing for the material needs of people
by programs to ensuring fairness and equal economic opportunity in both
the private and public sector, interfaith cooperation in promoting employment
programs, etc. Identify proposed programs and materials in this sector
to promote tolerance and prevent discrimination based on religion or
belief. Number and title each proposed solution.
4.1.3: POLITICAL
Political in this context is defined as full participation in the form
and objectives of government and democracy. This includes freedom of
political liberties such as voting, choosing public officials, ensuring
a particular religion or belief does not disqualify a person from participation
in political life, etc. Identify proposed programs and materials in this
sector to promote tolerance and prevent discrimination based on religion
or belief. Number and title each proposed solution.
4.1.4: SOCIAL
Social in this context means religions or beliefs,
nations, communities or groups that address or affect a common interest.
This includes programs in all social areas such as housing, social services,
education, health, etc. Identify proposed programs and materials in this
sector to promote tolerance and prevent discrimination based on religion
or belief. Number and title each proposed solution.
4.1.5: CULTURAL
Cultural in this context is defined as the ideas, customs, skills and
arts of a given group of people transferred, communicated or passed on
from generation to generation. The goal in international programs such
as UNESCO is to increase understanding and respect for peoples of all
cultures, civilizations, values and ways of life with a view to promoting
dialogue on religion or belief. Community programs to promote tolerance
and prevent discrimination based on religion or belief may include all
of the arts, music, dance, film, education exhibits and materials, etc.
Number and title each proposed solution.
4.2.1: LEGISLATION
Legislation in this context means all national, regional and local laws
and regulations that to be either enacted or rescinded to promote tolerance
and prevent discrimination based on religion or belief. Research for
the Assessment Report in this sector may have included a Community
Compendium of Laws and Regulations on Religion or Belief. From this
compendium identify three or four major laws, regulations, programs or
material that could be enacted or rescinded to promote tolerance and
prevent discrimination based on religion or belief. Number and title
each proposed solution.