Ch 13 The right to religious freedom

Question 1

How is religion treated in human rights instruments?

Answer 1

In human rights provisions, religious freedom is both a part of thought, conscience and expression and non- discrimination on the basis of religion.

Question 2

What is the difference in treatment of religion between Art.18 of the UDHR and Art.18 of the ICCPR?

Answer 2

Article 18 ICCPR is not express in its right to change religion although it can be implied. In the UDHR, the right to change religion was expressly referred to. Article 18 ICCPR has additional paragraphs as compared to the Article 18 UDHR but the substantive right is broadly similar.

Question 3

What has been the approach of the ECtHR on the hijab issue?

Answer 3

The European Court has granted a wide margin of appreciation to States when it comes to regulating the wearing of the hijab, considering numerous reasons such as ‘living together’ as a legitimate objective to be pursued so as to prohibit the wearing of the hijab in public.

Question 4

What has been the approach of the Human Rights Committee in interpreting Article 18, ICCPR?

Answer 4

1. Has a conceptually merged approach considering non-discrimination and religious freedom to be closely intertwined
2. Has interpreted Article 18 so as to permit a change of faith
3. Granted States a narrow margin of appreciation when it comes to the wearing of the hijab