FREEDOM OF RELIGION
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
- No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
- 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.
- The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.
Miriana Hebbadj v France (HRC)
Sonia Yaker v France (HRC)
In Sonia Yaker v France (2018)183 and Miriana Hebbadj v France (2022),184 the authors challenged their prosecutions for the minor offence of wearing a niqab in a public space under Articles 18 and 26 ICCPR, the rights to freedom of religion or belief and non-discrimination. In both decisions, the Committee concluded that the author’s convictions violated their rights under Articles 18 and 26.185 These claims were not argued under Article 27. However, despite the claims being articulated under other provisions, the HRC did emphasise the minority rights aspects of the decisions. In Yaker, it held: ‘The Committee recalls its general comment No. 22 (para. 2), in which it viewed with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they represented religious minorities that could be the subject of hostility on the part of a predominant religious community.’186 Hebbadj also referred to ‘religious minorities that may be the subject of hostility by a predominant religious community’.187
183 UN Doc. CCPR/C/123/D/2747/2016 (2018).
184 UN Doc. CCPR/C/123/D/2807/2016 (2022).
185 See further Stephanie Berry, ‘The UN Human Rights Committee Disagrees with the European Court of Human Rights Again: The Right to Manifest Religion by Wearing a Burqa’ Ejil: Talk! 3 January 2019 <https://www.ejiltalk.org/the-un-human-rights-committee-disagrees-with-the-european-court-of-human-rights-again-the-right-to-manifest-religion-by-wearing-a-burqa/>
186 Yaker v France, para 8.14.
187 Hebbadj v France para 7.14.
