The Protection of Migrants' Freedom of Religion in the United Nations System

Abstract

This article examines how the UN has addressed freedom of religion or belief, both through the elaboration of norms and standards and by means of monitoring mechanisms. It first considers the principal legal instruments, focusing on Art. 18 UDHR, Art. 18 ICCPR and the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. Although the centrality of freedom of religion has long been acknowledged, no shared understanding has yet emerged as to its precise scope or the legitimate grounds for its restriction. The absence of a dedicated convention under UN auspices illustrates this lack of consensus. The article then turns to institutional practice, analysing the contribution of the HR Committee, the HRC and the Special Rapporteur on Freedom of Religion or Belief. It argues that, notwithstanding sustained efforts, the vagueness of existing norms and the structural weakness of monitoring procedures prevent the UN from playing a more effective role in ensuring full respect for this fundamental right.