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, health, morals or the fundamental rights and freedoms of others.

Introduction

This paragraph recognizes that States have a right to place limits on the manifestation of a religion or belief. Paragraph 1.3: is the same as Article 18, paragraph 3 of the International Covenant on Civil and Political Rights (ICCPR). There are five ways, all of which must be prescribed in law and be necessary to protect pubic safety, public order, public health, public morals or the fundamental rights and freedoms of others. Limits may be applied only for specific purposes for which they were prescribed and be proportionate to the need and not imposed for discriminatory purposes or in a discriminatory manner.

Limitations on the right to freedom of religion or belief may not be imposed for purposes of national security. Articles 20 and 21 of the ICCPR state restrictions for the purpose of national security, or use of religion or belief as propaganda for war or incitement to religious hatred, hostility or violence are prohibited by law. However, States sometimes use these limitations as an excuse to prohibit the expression of religions or beliefs they disagree with, rather than for the purposes for which the 1981 U.N. Declaration intended them to be used. Monitors need to learn to apply skills of critical analysis in making a determination on a case-by-case basis, researching both the national laws of their country and the rules and regulations of their community, to determine as to whether a limitation is legitimate under paragraph 1.3 guidelines.

Objectives

Learn how the terms below can be used in a community to limit the manifestation of a religion or belief through national laws, local rules and regulations.

• Law
• Safety
• Order
• Health
• Morals
• Fundamental Rights

Term 1.3.1: Law

Law, for our purposes, can be defined in three ways; as a rule established by authority, society or custom, as a judicial system or its workings, and as a code of ethics or behavior. Refer to Part I: The Introductory Course; Concepts on Freedom of Religion or Belief. Review the five branches or steps of philosophy; metaphysics, epistemology, ethics, politics and aesthetics. Law comes from the fourth branch of philosophy, politics. It involves an understanding by a given society or culture of the ultimate meaning of life and how to live accordingly. International Treaty Law, under the International Covenant on Civil and Political Rights (ICCPR), is for the whole human family. This may conflict with religious law such as the Shari’a Law of Islam or Canon Law of Catholics.

Public safety, order, health or morals concerns the community of people as a whole. They are concerns that affect or act on behalf of a public community of people.

Term 1.3.2: Safety

Safety is defined as freedom from danger, risk or injury. States are permitted to limit the manifestation of a religion or belief only if it is specified in law, proportional to the act being limited and is done to prevent such things as incitement to terrorism against the public, panicking a crowd in a public place, etc. National security does not fall within this definition. Since 9/11 2001, there has been worldwide concern with terrorism that some States have used to limit (or discriminate) against Muslims. Community reports need to be especially diligent in its process of investigation to see if there are legitimate limits to a religion or belief based on public safety, or if it is an excuse by the State for acts of intolerance and discrimination against a religion or belief.

Term 1.3.3: Order

Order is defined as the existing structures of a given society and the way in which they are maintained and preserved by the rule of law. Order is a term that is used by some States to officially register majority and minority religions or beliefs. This is controversial in some cases in that majority religions may receive preference and benefits on the basis of registration. But it is intended to protect the public as a whole by establishing an order or registration that keeps everyone informed of the activities of each religion or belief. Order includes issuing local permits for marches, public speeches, etc. Local rules and regulations should pertain to all organizations including religions or beliefs. Article 6 of the 1981 U.N. Declaration identifies nine rights to manifest a religion or belief. If any of these are denied or limited based on public order, such a limitation needs to be challenged. Monitors need to research national laws relating to registration and local rules and regulations that sometimes run counter to national law, based on the wishes of a majority religion or belief to discriminate against minorities.

Term 1.3.4: Health

Health, for our purposes, is defined as personal and community freedom from disease or abnormality. Most States have public health ministries or departments at national and local levels, charged with the responsibility of protecting the health of the community as a whole. A State may limit the manifestations of a religion or belief if they think it is a threat to a person or the community. Disputes about the rights of the State to limit the manifestation of a religion or belief generally occur when the rites and customs of the belief may endanger the life or general health of a person or community of like-minded believers. Well known examples include the use of drugs for religious ceremonies, or the practice of animal sacrifice for a religious holiday, that run counter to the public health practices of the community.

Term 1.3.5: Morals

Morals are rules or habits of conduct based on conscience. They may be private or public. Known as ethics, morals are the third branch of philosophy, identifying how to act according to an ultimate meaning of life. Morals mean different things to different people. States with a diversity of beliefs have a harder time defining limits to the manifestation of a religion or belief based morality, because of diverse understandings of the ultimate meaning of life and how to live accordingly.

• Concepts of Morality

The U.N. General Comment 22 on Article 18 of the ICCPR states, “the concept of morals derives from many social, philosophical and religious traditions, consequently limitations on moral grounds must be based on principles not deriving exclusively from a single tradition.” 13 Majority religions or beliefs may try to impose their morals into public law for all people, thus limiting or impairing choice (Term 1.2.2) to exercise freedom of religion or belief for those who do not agree with the majority. This is an example of the complexity of using the 1981 U.N. Declaration as a paradigm, to research and monitor human rights and freedom of religion or belief in a community.

Term 1.3.6: Fundamental Rights

Fundamental rights are defined as basic or primary. The term comes from the Latin word fundamentum meaning foundation. The 1981 U.N. Declaration is linked to all fundamental rights. This means all Covenants, Conventions and Declarations, involving the fundamental rights and freedoms of others, such as other articles of the International Covenant on Civil and Political Rights (ICCPR), or the Convention on the Elimination of Discrimination Against Women (CEDAW), may be limited based on the manifestation of a religion or belief, if prescribed by law and have a specific purpose.

Related Examples

• Safety: There are legitimate reasons for limiting an expression of a belief. A well known example, if a religion or belief instructs a follower to yell “fire” in a crowded movie theater. The possibility of incitement to riot a crowd because of inflammatory rhetoric is another example. This has to be carefully considered, as States will use this as a legal “escape clause” to prohibit freedom of speech in cases where the speaker may be in opposition to the State or majority beliefs.
  
  
• Order: Belgium presented a detailed explanation of the functioning and mandate of a Parliamentary Commission responsible for producing a policy to curb the dangers sects represent to individuals, and in particular minors. The Commission defines the difference between sects that have normal activities representing freedom of religion or belief and fundamental rights, and harmful sectarian organizations claiming to have a philosophical or religious purpose whose organization or practice involves illegal or injurious activities, harms individuals or society or impairs human dignity.
  
  
• Health: Hmong from Laos living in the United States complain that autopsies performed by United States law, for health reasons, is a mutilation of the body which prevents the release of the spirit. But autopsies are mandatory by public health authorities in the United States.
  
  
• Morals: Stem cell research, abortion and other origin of life issues are the most difficult examples of limits to the manifestation of a religion or belief based on morality. For some religions abortion is killing and against the laws of God, for others it is not. If a religion or belief says abortion is killing, in their minds and hearts, it is an obligation to outlaw it through public morality and public law. But this impairs choice by other religions or beliefs, who do not consider it to be killing. These are the most complex, sensitive, irreconcilable, issues a State has to face.
  
  
• Fundamental Rights: In 2000 the U.N. Special Rapporteur on Freedom of Religion or Belief published the Study on Freedom of Religion or Belief and the Status of Women From the Viewpoint of Religion and Traditions. 14 This study reflects the misuse and the use of many positions of religions or beliefs that are prejudicial to women, such as honor killings, property rights, female genital mutilation, etc. It calls on leaders of religions or beliefs to renounce these acts of intolerance and discrimination against women in a forceful way. The Fundamental Rights and Freedoms of women are enshrined in the 1979 Convention on the Elimination of Discrimination Against Women (CEDAW). This is an excellent example of where a State can limit the manifestations of a religion or belief if it is prejudicial to the fundamental rights and freedoms of others.

Learning Experiences

If there is a group of monitors studying this paragraph, they need to identify the five ways in which limitations can be placed on the manifestations of religion or belief, and discuss what each of these types of limitations means. Monitors might divide into five groups, each with an assigned limitation. Each group would be responsible for interviewing community religious leaders and governmental officials to clarify the rules and regulations relating to their assigned limitation. They would then make a presentation in class to the other four groups, and ask for debate and dialogue on the validity of the limitation. This is an exercise in information gathering and critical thinking, to define the existing reasons for and against limitations on a religion or belief in their community.

Individual monitors, studying this topic, will need time to interview community religious and government leaders. Consult your Community Information Resources List and make appointments with the police department for public safety, with the city or village council for laws, rules and regulations relating to registration, public safety and public order, with the health department for public health, with community leaders of religions or beliefs for public morals, with non-governmental human rights organizations for community examples of fundamental rights and freedoms. A questionnaire should be prepared in advance, and telephone interviews held if appointments in person cannot be scheduled.

This study topic is important to the integrity of your community report on human rights and freedom of religion or belief. It needs to be carefully researched in order to be of use to the United Nations as a valid research report. International human rights lawyers worldwide are continuing to study the ways in which a U.N. member state can place limits on a religion or belief. Your community research can make a contribution to this effort.

TOPIC NOTES

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.

The relationship between religion or belief and the State is one of the important subjects to write about in your community report. Take the time to make the interviews, even if it takes several weeks to complete. You can start on the following study topics while completing these tasks.

Term 1.3.1: Law

Is there a law, rule or regulation in your community, specifically written to limit the manifestation of a religion or belief to protect either public safety, order, health, morals or the fundamental rights and freedoms of others? Write the answer below describing the law, rule or regulation, or explaining your research method if you found none.

Term 1.3.2: Safety

Summarize the results of your interviews and/or questions with the police department and others, to see if there are any specific community laws that limit the manifestation of a religion or belief based on public safety.

Term 1.3.3: Order

Summarize your interviews and/or questions with community legislators and others to research rules and regulations, designed specifically to limit the manifestation of a religion or belief based on the need for public order.

Term 1.3.4: Health

Summarize your interviews and/or questions of the community public health department and others to see if there are any rules and regulations, designed specifically to limit the manifestation of a religion or belief based on the need for public health.

Term 1.3.5: Morals

Summarize your interviews and/or questions of the leaders of community religions or beliefs, to see if the State has any specific limitations on the manifestation of a religion or belief based on a need to protect public morals. Describe one moral principle that has opposing positions in your community based on religious/non-religious beliefs.

Term 1.3.6: Fundamental Freedoms

Summarize your interviews and/or questions of non-governmental human rights organization to see if they know of any specific rules or regulations designed to limit the manifestation of a religion or belief to protect the fundamental rights and freedoms of others.

13. U.N. Doc. CCPR/C/SR.1247, paragraph 8 (1993) back

14. E/CN.4/2002/73/add/2: The original document is in French. There is an English translation available through The Tandem Project. A program, the Women’s United Nations Report Network (WUNRN)) has been started in support of this U.N. Human Rights Study. Information can be found on the WUNRN website as wunrn.com. back