Freedom of Thought, Conscience and Religion
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
Freedom of Thought, Conscience and Religion
     
Specific Instruments
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
Date of adoption: 25/11/1981 Entry into force: -
System of protection: Universal
Edict of Nantes (1598)
Date of adoption: 13/4/1598 Entry into force: -
System of protection: Other
Model Treaty on Extradition
Date of adoption: 14/12/1990 Entry into force: -
System of protection: Universal
Protocol N°1 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Date of adoption: 20/3/1952 Entry into force: 18/5/1954
System of protection: Council of Europe
     
General Instruments
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR)
Date of adoption: 4/11/1950 Entry into force: 3/9/1953
System of protection: Council of Europe
International Covenant on Civil and Political Rights (ICCPR)
Date of adoption: 16/12/1966 Entry into force: 23/3/1976
System of protection: Universal
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
Universal Declaration of Human Rights (UDHR)
Date of adoption: 10/12/1948 Entry into force: -
System of protection: Universal
American Declaration of the Rights and Duties of Man
Date of adoption: 2/5/1948 Entry into force: -
System of protection: Organization of American States
African Charter on Human and Peoples' Rights (Banjul Charter)
Date of adoption: 27/6/1981 Entry into force: 21/10/1986
System of protection: Organization of African Unity
     
Articles
Compatibility / Incompatibility of Shia Islam with Human Rights Standards
Gallianne PALAYRET
Latest update: 23/03/2004 First published: 1/2004
Reference: Human Rights Network International, 2004
After a presentation of the Islamic approach to human rights and of the basis of Shia Islam, the author evaluates the obstacles to compatibility between Shia Islam and Human Rights.
Droit communautaire des droits fondamentaux
Frédéric SUDRE
Latest update: 23/06/2003 First published: 2002
Reference: Rev. trim. dr. h. 2002; p. 659-683.
Chronicle of the jurisprudence of the European Court of Justice in the field of Human Rights - 2001.
Examen de jurisprudence (1995-2000) Chapitre 6
Pierre-François DOCQUIR - Rusen ERGEC
Latest update: 28/10/2002 First published: 1/5/2002
Reference: R.C.J.B., 2002/1, pp. 85-229
The article reviews the whole of ECHR case law, from 1 January 1995 until 31 December 2000, highlighting the major threads and evolutions during this period.
     
Languages: Arabic English French Spanish
Country reports and the latest news releases, information on AI latest campaigns and appeals for action to help protect human rights. Section "Library": Research available by country / region / theme. Links to hundreds of human rights websites.
Languages: Arabic Chinese English French Portuguese Russian Spanish
The official site of Human Rights Watch - an independent NGO. News releases - Current events - Publications - Info by country - Campaigns - Issues -Reports - Links... Search engine. A very informative site.
Languages: English French
Notion - Actions - Legislations - International Instruments.
Languages: Chinese English
The official site of an international non-governmental organization. Publications - Research reports - Reports on human rights conditions in China, Tibet, Hong Kong - Campaigns - Activities - News - Useful links...
Languages: English
Contains a global report on religious freedom, offering a country-by-country analysis. Very complete and objective. News articles and a useful list of links toward other sites on the subject can also be found here.
Languages: English
A handsome site offering country-by-country religious freedom profiles, as well as sections on religious freedom reports, religious principles, and a list of sacred texts. Another part is dedicated to religious freedom in the US.
Languages: English
Web site dedicated to the study of religious movements on the web and in the world.
Languages: English French Spanish
Documents from the G.A., the HRC, the ECOSOC and the Sub-Commission, dealing with religious intolerance - Special Rapporteur - 1981 Declaration - Geneva Spiritual Appeal.
     
Selected Case Law
Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. Zaire
Date: 10/1995
Decision-making body: African Commission on Human and Peoples' Rights
Legal reference: Communications Nos. 25/89, 47/90, 56/91, 100/93 (Joined), in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII).
Economic, social and cultural rights - Zaire violates right to health (Art. 16, by failing to provide basic services) and right to education (Art. 17) - "Serious and massive violations" - Violation of Articles 4, 5, 6, 7, 8, 16 and 17.
Pretty v. United Kingdom
Date: 29/4/2002
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 29 April 2002, n° 2346/02.
Prohibition of assisted suicide - Right to life: absence of negative aspect - Article 3: no positive obligation not to prosecute the husband of the applicant - Article 8 applies: interference necessary in a democratic society.
Efstratiou v. Greece
Date: 18/12/1996
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 18 December 1996, Recueil 1996-VI. n° 77/1996/696/888.
Jehovah's Witnesses - Child refusing to participate in the national holiday ceremony - 2 days' suspension from school - No violation of Article 1 of Protocol 2, Articles 9 and 3 - Absence of effective remedy: violation of Article 13.
Manoussakis and Others v. Greece
Date: 26/9/1996
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 26 September 1996, Rec. 1996-IV. n° 59/1995/565/651.
Jehovah's Witnesses - Convicted for operating a place of worship without authorisation - Article 9 - Interference justified by reasons of public order - The State cannot judge the legitimacy of religious beliefs - Violation.
Otto-Preminger-Institut v. Austria
Date: 20/9/1994
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 20 September 1994, Series A - 295-A
Seizure and forfeiture of a film caricaturing religion - Protection of the rights of others (freedom of thought, conscience and religion) - Impossible to identify a uniform conception of morals or religion in Europe - National margin of appreciation.
Kokkinakis v. Greece
Date: 25/5/1993
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 25 May 1993, A-260-A. n° 3/1992/348/421.
Conviction for proselytism - Jehovah's Witness - Freedom of religion - Right to manifest one's religion - Interference in accordance with the law to protect the rights of others - Disproportionate measure - Violation of Article 9.
M. A. B., W. A. T. and J.-A. Y. T. v. Canada
Date: 25/4/1994
Decision-making body: Human Rights Committee
Legal reference: Communication No 570/1993 : Canada. 25/04/94. CCPR/C/50/D/570/1993
Freedom of religion - Religious practice consisted of worship of marijuana - Anti-drug legislation amounts to an attack on the freedom of religion - Communication based on Articles 9, 14, 15 and 17 - Inadmissible - Notion of religion.
William Eduardo Delgado Páez v. Colombia
Date: 23/8/1990
Decision-making body: Human Rights Committee
Legal reference: Communication No. 195/1985 : Colombia. 23/08/90. CCPR/C/39/D/195/1985
Teacher of religion and ethics - Suspension justified by his progressive ideas - Threats - Violation of Articles 9(1) and 25(c).
Karnel Singh Bhinder v. Canada
Date: 28/11/1989
Decision-making body: Human Rights Committee
Legal reference: Communication No. 208/1986 : Canada. 28/11/89. CCPR/C/37/D/208/1986
Obligation to wear a safety helmet at work - Refusal of a Sikh to follow this requirement based on his refusal to remove his turban (for religious reasons) - No violation of Article 18.
Andre Alphonse Mpaka-Nsusu v. Zaïre
Date: 26/3/1986
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/27/D/157/1983
Attempt to establish a second political party in Zaire - Arbitrary detention - Persecution for political opinions - Violation of the freedom of movement and the right to participate in political life - Inadmissible based on Article 1.
Erkki Hartikainen v. Finland
Date: 9/4/1981
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/12/D/40/1978
Mandatory course focusing on the history of religion and ethics - Freedom of parents to ensure the religious and moral education of their children in conformity with their own convictions - No violation of Article 18(4).
Luciano Weinberger Weisz v. Uruguay
Date: 29/10/1980
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/11/D/28/1978
Arbitrary arrest and detention - Cruel treatment - Deprivation of the right to participate in political activities for 15 years - Violation of articles 7, 9, 10, 14, 15, 19, 25 - Excessive restriction on the political rights of a criminal offender.
Beatriz Weismann and Alcides Lanza Perdomo v. Uruguay
Date: 3/4/1980
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/9/D/8/1977
Arrest and arbitrary detention - Due process - Application of freedom of expression - Right to free expression of political opinions - Violation of articles 7, 9, 10, 14 and 19.
     
Case Law Websites
Commonwealth Human Rights Case Law Database (The)
Languages: English
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions.
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
Inter-American Court of Human Rights
Languages: English Spanish
Search the case law of the Inter-American Court.
International Human Rights Law Database (The)
Languages: English
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database.
Religion and Law Research Consortium - Documentary Library
Languages: English
Database containing laws, treatises, articles, case law or any other important writing that can explain or affect the religious freedoms of people anywhere in the world. Searchable by keyword, country, organization, type, language, and date.
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos
Languages: Spanish
Directory of the case law of the Inter-American Court 1980 - 1997.
     
Reports
For the Record 2001: The United Nations Human Rights System
Human Rights Internet Date: 2001
Reference: Human Rights Internet, 2001
Source: Human Rights Internet
FTR is an electronic annual report that provides summaries of relevant human rights information generated within the UN system. An important reference tool for those active in national and international social justice movements, the report also aids in simplifying the human rights work of the UN for the uninitiated, members of national legislative assemblies, journalists, students, teachers and the general public. Produced with the support of the Canadian Department of Foreign Affairs and International Trade since 1997, the report is organized thematically as well as by country and covers all relevant UN documentation over a full calendar year. These include: State reports prepared for the six human rights treaty bodies and the concluding observations of the experts who review those reports; documentation, resolutions and decisions by various UN system bodies.
     
Books
Jurisprudence de la Cour Européenne des Droits de l'Homme
Vincent BERGER
Reference: Paris, Dalloz, 2000
Languages: French
Analytical summaries of the most important decisions rendered by the European Court of Human Rights since its creation in 1959. This book does not contain commentaries on the of the soundness of the decisions or the Court's reasoning.
Droits de l'homme et libertés fondamentales
Jacques ROBERT
Reference: Paris, Montchrestien, 1996
Languages: French
Public liberties and legal systems: 1) in the declarations of rights; 2) procedures of recognition of liberties ; 3) ways of protection. Liberties recognised under modern French law.
Freedom of Religion Under the European Convention on Human Rights
Carolyn EVANS
Reference: Oxford, Oxford University Press, 2001
Languages: English
Historical background to the drafting of Article 9 - Content of the interests protected - Applicability of Article 9(1) - Defining religion or belief – “Thought and conscience” vs “religion and belief” - The contemplative and expressive facets...
La protection internationale de la liberté religieuse
J.-F. Flauss Ed. - Jean-François FLAUSS
Reference: Bruxelles, Publications de l'Institut International des DH, Bruylant, 2002
Languages: English French
Evolution of religious freedom in international law - interdiction of religious discrimination - autonomy of will - conscientious objection - freedom of expression - public order - relations between the state and religious groups
La Grèce devant la Cour européenne des droits de l'homme
P. Lambert Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages:
Analysis of the European Court of Human Right's case-law concerning Greece.
     
Periodicals
Démocratie et droits de l'homme : La liberté religieuse en tant que droit de l'homme
Reference: Département d'Etat des Etats-Unis
Contact: ejdemos@pd.state.gov http://usinfo.state.gov/journals/itdhr/1101/ijdf/ijdf1101.htm
Languages: French
Special issue: religious freedom. Report on religious freedom in the world, its origins. The diversity of religions in the US. Four pillars of religious freedom (treaties). Measures to be taken by the US to protect religious freedom.
Human Rights Tribune
Reference: Ottawa, Human Rights Internet
Contact: hri@hri.ca http://www.hri.ca/cftribune/
Languages: English
A tri-yearly publication of HRI (Human Rights Internet). Addresses all areas of human rights from a non-governmental perspective world-wide. Articles about important events - NGO reports - Analysis of the work of human rights organizations.
Revue trimestrielle des droits de l'homme
Reference: Bruxelles, Nemesis
Contact: vf@lambert.be http://www.revtrdrh.be
Languages: French
Specialized periodical. Articles on doctrine - Commentaries on the decisions of various courts - Extracts of new decisions - Bibliographies - News: conferences... Special issues.
     
Human Rights Actors
Amnesty International (AI)
http://www.amnesty.org Type:International or Regional Organization
Amnesty International is a worldwide campaigning movement that works to promote internationally recognized human rights.
Center for Religious Freedom - A Division of Freedom House (CFRF)
http://www.freedomhouse.org/religion/ Type:NGO (Non-Governmental Organization)
Autonomous division of the NGO Freedom House, founded in 1941 by Eleanor Roosevelt. Mission: to fight religious persecution through reports denouncing violations of freedom of religion. Very politicized activist organization.
Humanitarian Law Center (HLC)
http://www.hlc.org.yu/ Type:NGO (Non-Governmental Organization)
A regional, non-profit NGO that monitors respect for human rights in Serbia, Montenegro and Kosovo. It advocates, investigates and reports on breaches of international humanitarian law, investigates human rights violations, and represents victims.
International Association for Religious Freedom (IARF)
http://iarf-religiousfreedom.net Type:NGO (Non-Governmental Organization)
NGO with consultative status at the UN whose objectives consist of fighting religious intolerance around the world. IARF organizes regional conferences and a triennial congress. Interesting network.
International Human Rights Network of Academies and Scholarly Societies (U.S. National Academy of Sciences) ()
http://www4.nas.edu/oia/oiahome.nsf/web/network?Op Type:Network
Assists scientists and scholars around the world who are subjected to severe repression solely for having nonviolently exercised their rights. Promotes human rights consciousness-raising and institutional commitment to human rights work worldwide.
International Society for Human Rights (ISHR)
http://www.ishr.org/ Type:NGO (Non-Governmental Organization)
Represented in 24 countries by National Sections with 20,000 members altogether. It seeks to help those people who are in need and struggle non-violently for their rights. ICC - Human rights through force? - children's rights - religious freedom.
Network of Nordic human rights institutes ()
http://www.nordichumanrights.net/ Type:Network
Religious freedom - Economic, social and cultural rights - Education - Europe.
OSCE Office of Democratic Institutions and Human Rights (ODIHR (OSCE))
http://www.osce.org/odihr Type:International or Regional Organization
Carries out projects, policy, publications and monitoring missions in the areas of human rights and democratization, minorities, institution-building, election observation, and more.
Special Rapporteur of the Commission on Human Rights on freedom of religion or belief ()
http://www.unhchr.ch/html/menu2/7/b/mrei.htm Type:United Nations System
Special Rapporteur of the Commission on Human Rights on freedom of religion or belief
Special Rapporteur of the Commission on Human Rights on the promotion and protection of the right to freedom of opinion and expression ()
http://www.unhchr.ch/html/menu2/7/b/mfro.htm Type:United Nations System
Mandate established in 1993...
Special Rapporteur of the Commission on Human Rights on the right to education ()
http://www.unhchr.ch/html/menu2/7/b/medu.htm Type:United Nations System
Mandate established in 1998, by resolution 1998/33 of 17 April 1998.
The Oslo Coalition on Freedom of Religion or Belief (Oslo Coalition)
http://www.hri.ca/partners/forob/welcome.htm Type:Network
The Oslo Coalition on Freedom of Religion or Belief is a coalition of experts and representatives from religious or belief communities, academia, NGOs, international organizations and civil society, which monitors and promotes freedom of religion.