"Religion" in International Law

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Robert Traer

International law, in fact, does not define religion. It simply uses the word to refer to what countries mean by religion. 

The Universal Declaration of Human Rights, which was adopted without dissenting vote by the General Assembly of the United Nations in 1948, states in Article 18: "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone on in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance." This fundamental human right has been incorporated in the International Covenant on Civil and Political Rights and has been reaffirmed by the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief that was approved by the General Assembly of the United Nations in 1981.

The phrase "religion or belief" is particularly important for our reflections, as it contains two of the words we are examining. Both words are related to the notion of freedom of thought and freedom of conscience. Belief is an alternative to religion that is to receive the same legal protection. Presumably belief in this context does not mean religious beliefs, because this would be religion. Thus, "belief" in the phrase "religion or belief" is a positive way of designating beliefs that are not religious. Belief in this context refers to convictions that a person might choose to manifest in teaching and practice, either in public or private.

Therefore, although international law does not define religion, it does identify religion with conscience, and it enumerates a number of manifestations of religion that are to be protected. International law accepts that religion may (and in most instances surely will) involve teaching, practice, worship and observance. It also clearly states that the right to freedom of religion or belief is an individual right that may be exercised alone as well as in community with others. Under international law religion and belief are individual and corporate matters deserving protection.

Religion is also mentioned in Article 2 of the Universal Declaration of Human Rights, which asserts that "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." This not only tells us that nations are held to a standard of non-discrimination with respect to religion, but that under international law religion is distinguished from race and national or social origin.

It should also be noted that freedom of religion or belief includes the right to change one’s religion or belief. This means that under international law religion is something one can change. Unlike race, color, national or social origin an individual has the right to give up her religion for a belief, or to change to a different religion. This has been strongly contested by some Muslim countries in the United Nations, who assert that no Muslim has the right to abandon Islam. Their position might be understood as opposition to freedom of religion, and it certainly is opposition to the standards of international law concerning freedom of religion or belief—at least on this particular point. It might be more accurate, however, to say that those who voice this objection simply do not accept the understanding of religion that is reflected in the Universal Declaration of Human Rights. Muslims tend to use the word "religion" to mean "true devotion to God." Religious freedom, therefore, means for many Muslims the freedom to embrace what is true. It does not mean the freedom to turn away from the truth.

Finally, Article 26 of the Universal Declaration mentions that education under law "shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace." It is interesting that the word "religions" is not used here. International law seems to recognize that some religious groups should not be called "religions." The goal of the Universal Declaration is tolerance among all religious groups, whether within a religion or between religions.

I have focused on the Universal Declaration of Human Rights, because it is the foundation of international human rights law. Moreover, its provisions have been incorporated into many national constitutions. Thus, what the Universal Declaration says about religion has had a major impact on the law about religion in many countries. The concept of "freedom of religion or belief" has entered the legal systems (and thus the legal vocabularies) of almost all of the nations of the world. What international law says about religion and also about belief will continue to shape the understanding of religious life for generations to come.

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