ARTICLE V 33. Article V of the text submitted by the Working Group reads as follows: "[1.] Parents or legal guardians have the right to decide upon the religion or belief in which a child should be brought up. In the case of a child who has been deprived of his parents, their expressed [or presumed] wish shall be duly taken into account, the best interests of the child being the guiding principle. [If the child has reached a sufficient degree of understanding, his wish shall be taken into account.] "[2. The decision concerning the religion or belief in which a child should be brought up must not be injurious to its interest or health, and must not do him physical or moral harm. The child must be guarded against practices which might inculcate in him any discrimination on account of religion or belief.] 34. The following amendments to the above-mentioned text have been submitted: (a) The Netherlands proposed (A/C.3/L.2027) (i) to delete the second sentence of the first paragraph; (ii) to remove the square brackets from the last sentence of the first paragraph; and (iii) to delete paragraph 2. (b) Morocco proposed (A/C.3/L.2029): (i) to replace in the first sentence of paragraph 1 (French version) the word "doit" by "devrait"; (ii) to delete in paragraph 1 everything after the words "duly taken into account". (c) The Ukrainian SSR proposed (A/C.3/L.2037) to insert the words “until he becomes of full age" after the words "brought up" in the first sentence of article V, paragraph 2. (d) Zambia proposed (A/C.3/L.2038): (i) to delete in paragraph 1 of article V after the word "parent" the word "or" and to insert the following words: "traditional and other social institutions and"; (ii) to delete the second sentence of paragraph 1. (e) Brazil proposed (A/C.3/L.2043): (i) to delete in paragraph 1 everything after the words "duly taken into account"; (ii) to delete the second sentence of paragraph 2. 35. Suggestions and observations concerning article V were made by Austria, Canada, the Netherlands, Sweden and the Ukrainian Soviet Socialist Republic (A/9134 and A/9135, paras, 26 and 27); Italy, the United Kingdom and the United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2); Morocco (A/C.3/SR.2010), Zambia, the Ukrainian Soviet Socialist Republic, New Zealand, Spain, the Netherlands, Sweden, the Federal Republic of Germany, Canada, the Byelorussian Soviet Socialist Republic, the United States of America, Italy and Morocco (A/C.3/SR.2013). ARTICLE VI 36. Article VI of the text submitted by the Working Group reads as follows: "Every person and every group or community has the right to manifest their religion or belief in public or in private, without being subjected to any discrimination on the grounds of religion or belief; this right includes in particular: "(a) freedom to worship, to assemble and to establish and maintain places of worship or assembly; "(b) freedom to teach, to disseminate [at home and abroad], and to learn their religion or belief, and also its sacred languages or traditions; "(c) freedom to practise their religion or belief by establishing and maintaining charitable and educational institutions and by expressing the implications of religion or belief in public life; "(d) freedom to observe the rites or customs of their religion or belief." 37. The following amendments to the above-mentioned text were submitted: (a) The Netherlands proposed (A/C.3/L.2027) to delete in subparagraph (b) the words in square brackets "at home and abroad". (b) Morocco proposed (A/C.3/L.2029): (i) to replace subparagraph (a) of article VI by the following: "freedom to practise their religion alone or in a group and to express the implications of their religion or belief in public life"; and (ii) to replace subparagraph (c) by the following: "the freedom of nationals of a country to establish and maintain places of worship or assembly and educational institutions and establishments in the basis of their religion or belief". (c) The German Democratic Republic and Poland proposed (A/C.3/L.2033) to and in article VI, after the words "every person and every group or community has the right" the words "in accordance with domestic law". (d) Poland proposed (A/C.3/L.2036) to delete subparagraph (c) of article VI. (e) The Ukrainian Soviet Socialist Republic proposed (A/C.3/L.2037) to delete article VI. (f) Zambia proposed (A/C.3/L.2038) to insert in article VI, between the words. "right" and "includes" the following words: "which is subject to the interests of society as a whole". (g) Brazil proposed (A/C.3/L.2043): (i) in subparagraph (a) to replace the words "freedom to worship" by the words "freedom to practise their beliefs or teachings"; (ii) in subparagraph (b) to delete the words "at home and abroad" in square brackets. (h) The Federal Republic of Germany and the Philippines (A/C.3/L.2044) proposed to add a second paragraph to article VI as follows: "Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.' 38. Suggestions and observations concerning articles VI were made by Austria, India, the Netherlands, the Philippines and Sweden (A/9134 and A/9135, para. 30); the United Kingdom, the United States of America (A/9134/Add.1); the Holy See (A/9134/Add.2) ; Brazil and Morocco (A/C.3/SR.2010); the Ukrainian Soviet Socialist Republic, Pakistan, Zambia, Morocco, New Zealand, Sweden, the German Democratic Republic, the Federal Republic of Germany, and the United States of America (A/C.3/SR.2013). ADDITIONAL ARTICLES 39. The following additional articles to the text prepared by the Working Group were proposed: (a) The Netherlands proposed (A/C.3/L.2027) to add the following articles to the text prepared by the Working Group: "ARTICLE VII "Religious congregations have the right to train ministers and teachers and to have contacts with communities and institutions belonging to the same religion or belief both within the country and abroad. "ARTICLE VIII "Neither the establishment of a religion or belief nor the recognition of a religion or belief by a State nor the separation of religion or belief from the State shall by itself be considered discrimination on the ground of religion or belief. "ARTICLE IX "Governments, organizations and private persons shall strive to promote through education, as well as by other means, understanding, tolerance and respect in matters relating to freedom of religion and belief. Freedom of religious and nonreligious belief shall not be used for purposes of kindling hatred between peoples and different religions and national groups." (b) The German Democratic Republic and Poland proposed (A/C.3/L.2032) to add the words "in accordance with domestic law" after the words "Religious congregations" in article VII of the amendments submitted by the Netherlands in document A/C.3/L.2027. (c) Morocco proposed (A/C.3/L.2028) to add the following new paragraph to article IX of the amendments submitted by the Netherlands in document A/C.3/ L.2027: "No Government, organization or individual shall be entitled to use religion or belief as a pretext for interfering in the internal affairs of a State." (d) The Philippines proposed (A/C.3/L.2039) to add a new article X to the text submitted by the Netherlands in document A/C.3/L.2027 as follows: "The rights granted to individuals and groups to the full exercise of their religions, or beliefs impose upon them the correlative duty to exercise these rights with due regard for the rights of other individuals and groups and the peace and security of the State." (e) Morocco proposed (A/C.3/L.2046) as amendments to the amendment submitted by the Philippines in document A/C.3/L.2039: (i) to replace the word "granted" by the words "that the State shall guarantee"; (ii) to replace the words "impose upon them the correlative" by the words "shall impose upon them the"; (iii) to delete the last part of the sentence starting with the words "with due regard for . . ." and replace it by the following: "in a spirit of tolerance towards the religions or beliefs of other individuals and groups". (f) The Union of Soviet Socialist Republics proposed (A/C.3/L.2035) to include the following provisions in the text prepared by the Working Group: "States shall be required to respect and guarantee freedom of atheistic beliefs, including the right to express such beliefs; "It is forbidden to make use of freedom of religious belief for purposes which threaten the security of society or to engage, under the guise of presenting religious teachings or conducting religious services, in activities which cause injury to health or other impairment of the personality or rights of citizens, which cause citizens to refuse to perform public activities or civic duties, and which cause the involvement of minors in the aforesaid activities; "It is recognized that, if complete freedom of conscience is to be ensured, all churches and religious teachings and movements must be equal before the law, no single church, teaching or religious organization being accorded privileges of any kind and no single church or teaching having a dominant position; "It is forbidden to make use of religious creeds or beliefs in order to prejudice the interests of strengthening universal peace and security or friendship and cooperation between peoples and States; "All acts whose purpose or intention is to interfere with the exercise of freedom of religion or worship in conformity with the law are prohibited; "Freedom of religion or atheistic beliefs shall not be used for purposes of political or electoral campaigns or the kindling of hatred between peoples and different religious and national groups." 40. Suggestions and observations relating to the additional articles proposed by the Netherlands were made by Sweden and Morocco (A/C.3/SR.2014). 41. Suggestions and observations relating to the addition of other provisions to the text prepared by the Working Group were made by the Ukrainian Soviet Socialist Republic (A/9135, para. 31), the Union of Soviet Socialist Republics (A/9135, para. 32), the United States of America (A/9134/Add.1 and A/9135, para. 33), the Netherlands and the Philippines (A/9135, para. 51). ANNEX I PRELIMINARY DRAFT OF A UNITED NATIONS DECLARATION ON THE ELIMINATION OF ALL FORMS OF RELIGIOUS INTOLERANCE, PREPARED BY THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES 1 [The text of the preamble is reproduced in paragraph 12 of the present working paper] ARTICLE I Discrimination between human beings on the grounds of religion or belief is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and as an obstacle to friendly and peaceful relations among nations. ARTICLE II No States, institution, group or individual shall make any discrimination in matters of human rights and fundamental freedoms in the treatment of persons on the grounds of their religion or their belief. ARTICLE III 1. Particular efforts shall be made to prevent discrimination based on religion, especially in the fields of civil rights, access to citizenship and the enjoyment of political rights, such as the right to participate in elections, to hold public office, or in other ways to take part in the Government of his country. 1 Official Records of the Economic and Social Council, Thirty-seventh Session, Supplement No. 8 (E/3873), para. 294. 2. Everyone has the right to effective remedial relief by the competent national tribunals against any discrimination he may suffer on the grounds of religion or belief, through acts violating fundamental rights granted him by the constitution or by law. ARTICLE IV Everyone has the right to adhere, or not to adhere, to a religion or belief and to change in accordance with the dictates of his conscience-without being subjected to any pressure, inducement or undue influence likely to impair his freedom of choice or decision in this matter. ARTICLE V Parents or legal guardians have the right to decide upon the religion or belief in which a child should be brought up. In the case of a child who has been deprived of its parents, the best interests of the child being the guiding principle, their expressed or presumed wish shall be duly taken into account. ARTICLE VI Everyone has the right to comply with what is prescribed by his religion or belief and shall be free to worship, and profess, in public or in private, without suffering any discrimination on account of his religion or belief and specifically: 1. Every person and every group has the right to worship, either alone or together with others, in public or in private, and to maintain houses of worship in accordance with the prescription of their belief. 2. (i) Every individual has the right in association with others, without any limitation based on the number of members, to form and maintain religious communities and institutions. (ii) Every religious community and institution has the right, in association with similar religious communities and institutions, to form territorial federations on a national, regional or local basis. 3. Everyone has the right to teach and to learn his religion or belief, his sacred language and religious traditions, either in public or in private. No one shall be compelled to receive instruction in a religion or belief contrary to his convictions or, in the case of children, contrary to the wishes of their parents, or legal guardians. All education shall be directed to promote understanding, tolerance and friendship among all religions and beliefs. 4. Every religious group or community has the right to write, to print and to publish religious books and texts and shall be permitted to train the personnel required for the performance of its practices or rites. No religious group or community shall be prevented from bringing teachers from abroad for this purpose. Every religious group or community shall be enabled to have contacts with communities and institutions belonging to the same religion abroad. 5. (i) Everyone has the right to observe the dietary practices prescribed by his religion or belief. Any individual or any religious community shall be permitted to acquire and produce all materials and objects necessary for the observance of prescribed ritual or practices, including dietary practices. (ii) Where the State controls the means of production and distribution, it shall help to provide the above-mentioned materials, or the materials and means necessary for their production, to religious communities of the religions concerned and to its members, and if necessary allow them to be imported. 6. Everyone has the right to make pilgrimage to sites held in veneration, whether inside or outside his country, and every State shall grant freedom of access to these places. 7. Equal legal protection shall be accorded to all forms of worship, places of worship and institutions. Similar guarantees shall be accorded to ritual ob-* jects, language or worship and sacred books. 8. Due account shall be taken of the prescriptions of each religion or belief relating to holy days and days of rest, and all discrimination in this regard between persons of different religions or beliefs shall be prohibited. ARTICLE VII Everyone shall have the right to have marriage rites performed in accordance with the prescriptions of his religion or belief, and no one shall be compelled to undergo a religious marriage ceremony not in conformity with his convictions. Nothing in this Article shall, however, dispense anyone from the obligations to observe other requirements and formalities laid down by the law regarding marriage. ARTICLE VIII The prescriptions of the religion of a deceased person shall be followed in all matters affecting burial customs, subject to the wishes, if any, expressed by the deceased during his lifetime, or failing that those of his family. ARTICLE IX Equal legal protection shall be afforded to all cemeteries or other burial place and also to the funeral or memorial rites of all religions or beliefs. ARTICLE X [Religious communities shall have the right to receive the funds necessary for the carrying out of their functions.] ARTICLE XI No one shall be compelled to take an oath of a religious nature contrary to his convictions. ARTICLE XII No State shall discriminate in the granting of subsidies, in taxation or in exemptions from taxation, between different religions or beliefs or their adherents. However, public authorities shall not be precluded from levying general taxes or from contributing funds for the preservation of religious structures recognized as monuments of historic or artistic value. ARTICLE XIII 1. The freedoms and rights set out in articles I, II, III, IV, V and XI shall not be subject to any restrictions. 2. The freedoms and rights set out elsewhere in this Declaration shall be subject only to the restrictions prescribed by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the legitimate requirements of morality, health, public order and the general welfare in a democratic society. Any restrictions which may be imposed shall be consistent with the purposes and principles of the United Nations and with the rights and freedoms stated in the Universal Declaration of Human Rights. These freedoms and rights may in no case be exercised contrary to the purposes and principles of the United Nations. ARTICLE XIV 1. All acts directed or intended to prevent or to restrict the freedom of religion or cult shall be prohibited. 2. All incitements to hatred or acts of violence, whether by individuals or organizations against any religious group of persons belonging to a religious community, shall be considered an offence against society and punishable by law and all propaganda designed to foster or justify it, shall be condemned. 3. In order to put into effect the purposes and principles of the present declaration, all States shall take immediate and positive measures, including legislative and other measures, to prosecute and/or declare illegal organizations which promote and incite to religious discrimination or incite to, or use violence for purposes of discrimination based on religion. 4. The United Nations, the specialized agencies, Member States and nongovernmental organizations shall do all in their power to promote energetic action, through research, education, information and appropriate legislation, with a view to hastening the elimination of all forms of religious discrimination and intolerance. |