Religious and non-religious beliefs bring hope and consolation to billions of people across the globe, and hold great potential for peace and reconciliation. They have also, however, been the source of great tension and conflict. This complexity, and the difficulty of defining “religion” and “belief” inclusively, is illustrated by the continuing struggle to protect freedom of religion or belief in the context of international human rights.
The word “religion,” which comes from the Latin word religare, means “to tie, to bind fast.” This etymology is favored by many based on its ability to explain the power religion has over people and the communities in which they live. Religion is commonly, but not always, associated with a particular system of faith and worship of a transcendent deity or deities. In human rights discourse, however, the use of the term “religion” also includes support for the right to non-religious beliefs, such as atheism or agnosticism. In 1993 the Human Rights Committee, an independent body of 18 experts selected through a UN process, described religion or belief as “theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief.”
A complex and contentious issue
The struggle for religious liberty has been ongoing for centuries, and has led to innumerable, often tragic conflicts. The twentieth century saw the codification of common values related to freedom of religion and belief in numerous international treaties, declarations and conventions. The United Nations recognized the importance of freedom of religion or belief in the 1948 Universal Declaration of Human Rights (Universal Declaration), Article 18 of which states “Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his [her] choice.” Similar provisions can be found in Article 18 of the International Covenant on Civil and Political Rights (Civil and Political Covenant), as well as other regional and specialized human rights instruments (detailed below). However, attempts to develop an enforceable, binding document specifically related to the freedom of religion or belief have been unsuccessful.
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