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.