CCPR/C/21/Rev.1/Add.4
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3.
Article 18 distinguishes the freedom of thought, conscience, religion or
belief from the freedom to manifest religion or belief. It does not permit
any limitations whatsoever on the freedom of thought and conscience or on the
freedom to have or adopt a religion or belief of one’s choice. These freedoms
are protected unconditionally, as is the right of everyone to hold opinions
without interference in article 19 (1). In accordance with articles 18 (2)
and 17, no one can be compelled to reveal his thoughts or adherence to a
religion or belief.
4.
The freedom to manifest religion or belief may be exercised "either
individually or in community with others and in public or private". The
freedom to manifest religion or belief in worship, observance, practice and
teaching encompasses a broad range of acts. The concept of worship extends to
ritual and ceremonial acts giving direct expression to belief, as well as
various practices integral to such acts, including the building of places of
worship, the use of ritual formulae and objects, the display of symbols, and
the observance of holidays and days of rest. The observance and practice of
religion or belief may include not only ceremonial acts but also such customs
as the observance of dietary regulations, the wearing of distinctive clothing
or headcoverings, participation in rituals associated with certain stages of
life, and the use of a particular language customarily spoken by a group. In
addition, the practice and teaching of religion or belief includes acts
integral to the conduct by religious groups of their basic affairs, such as,
inter alia, the freedom to choose their religious leaders, priests and
teachers, the freedom to establish seminaries or religious schools and the
freedom to prepare and distribute religious texts or publications.
5.
The Committee observes that the freedom to "have or to adopt" a religion
or belief necessarily entails the freedom to choose a religion or belief,
including, inter alia, the right to replace one’s current religion or belief
with another or to adopt atheistic views, as well as the right to retain one’s
religion or belief. Article 18 (2) bars coercions that would impair the right
to have or adopt a religion or belief, including the use of threat of physical
force or penal sanctions to compel believers or non-believers to adhere to
their religious beliefs and congregations, to recant their religion or belief
or to convert. Policies or practices having the same intention or effect,
such as for example those restricting access to education, medical care,
employment or the rights guaranteed by article 25 and other provisions of the
Covenant are similarly inconsistent with article 18 (2). The same protection
is enjoyed by holders of all beliefs of a non-religious nature.
6.
The Committee is of the view that article 18 (4) permits public school
instruction in subjects such as the general history of religions and ethics
if it is given in a neutral and objective way. The liberty of parents or
legal guardians to ensure that their children receive a religious and
moral education in conformity with their own convictions, set forth in
article 18 (4), is related to the guarantees of the freedom to teach a
religion or belief stated in article 18 (1). The Committee notes that
public education that includes instruction in a particular religion or
belief is inconsistent with article 18 (4) unless provision is made for
non-discriminatory exemptions or alternatives that would accommodate the
wishes of parents and guardians.