Council: Human Rights Council

Topic: Examining the Situation of Religious Freedom

Date: March 25th

, 2011

HRC/Res/B/1

Sponsors: Federal Republic of Brazil, Republic of France,

Kingdom of Spain, Japan, The United Mexican

States, United States of America, United Kingdom

of Great Britain and Northern Ireland, Republic

of Angola, Republic of Korea

Co-Sponsors: Kingdom of Belgium, Republic of Poland, Swiss

Confederation, and Republic of Uganda

Recognizing the principles outlined in the Charter of the United Nations that underlines 1

the fundamental rights of every individual, 2

Emphasizing Article 18 of the Universal Declaration of Human Rights which reads as 3

follows: “Everyone has the right to freedom of thought, conscience and religion; this 4

right includes freedom to change his religion or belief, and freedom, either alone or in 5

community with others and in public or private, to manifest his religion or belief in 6

teaching, practice, worship and observance”, 7

Noting Article 18 (1) of the International Covenant on Civil and Political Rights, which 8

states, “Everyone shall have the right to freedom of thought, conscience and religion. 9

This right shall include freedom to have or to adopt a religion or belief of his choice, and 10

freedom, either individually or in community with others and in public or private, to 11

manifest his religion or belief in worship, observance, practice and teaching”, 12

Stressing Article 9 (2) in the European Convention of Human Rights, which states that 13

“Freedom to manifest one's religion or beliefs shall be subject only to such limitations as 14

are prescribed by law and are necessary in a democratic society in the interests of public 15

safety, for the protection of public order, health or morals, or the protection of the rights 16

and freedoms of other”, 17

18

Reaffirming Resolution 14/11 adopted by the Human Rights Council on the Freedom of 19

Religion or Belief: Mandate of the Special Rapporteur on Freedom of Religion or Belief, 20

Citing the outcome of the World Summit adopted by the General Assembly in Resolution 21

60 -1 of 24 October 2005 wherein the assembly acknowledged the responsibility of all 22

states to respect the fundamental freedoms without any discrimination, 23

Acknowledging Article 30 of the Universal Declaration of Human Rights which states 24

that “Nothing in this Declaration may be interpreted as implying for any State, group or 25

person any right to engage in any activity or to perform any act aimed at the destruction 26

of any of the rights and freedoms set forth herein”, 27

Respecting states built on a religious basis as long as they do not discriminate against 28

other religions, 29

The Human Rights Council hereby: 30

1. Reminds all member states that religious freedom is a fundamental right and that no 31

country shall discriminate against its citizens based on their religion; 32

33

2. Recognizes that all people have the right to freedom of belief or religion and 34

conscience as well as the right not to profess any of the aforementioned; 35

36

3. Affirms that religion is an individual’s personal choice and no individual shall be 37

subjected or coerced into a religion; 38

39

4. Declares that individuals are free to change their religion as long as other individuals, 40

groups or the state, have not enforced that change; 41

42

5. Condemns any legal action taken by states against its citizens or against foreign 43

nationals if those legal accusations depend solely on a certain religious belief; 44

45

6. Appeals to the international community to reinforce freedom of expression and 46

freedom of belief; 47

48

7. Urges the international community to take legal action against any person, group, 49

whether organized or not, that infringe on another individuals beliefs; 50

51

8. Endorses each individual’s right to practice his or her religion or belief system 52

accordingly; 53

54

9. Stresses that the state has the right to intervene on the matters of religious practice 55

only when national security, public order, public health, or other fundamental rights are 56

in breach; 57

58

10. Declares that it is at every state’s discretion to specify what is considered a breach of 59

the aforementioned points respectively; 60

61

11. Emphasizes that no individuals/groups will be persecuted or discriminated against for 62

following a certain religion; 63

64

12. Recommends the application of the ideals of secularism while recognizing the 65

freedom of states to have an official state religion, as long as no discrimination or 66

intolerance are exercised towards other religions; 67

68

14. Condemns any act of violence established under the name of religion, or any kind of 69

religious affiliation; 70

71

15. Supports the International Law Concept of State Sovereignty stating that no 72

interference shall occur in the domestic affairs of a sovereign state; 73

74

16. Recognizes the integrated nature of all freedoms, with a special focus on the 75

overlapping freedom of expression and freedom of religion noting that the right to 76

exercise one should not constitute a violation of the other and vice versa. 77