Under Article 18 of the ICCPR, the freedom to hold a religious or other belief is absolute. No limitation is permitted in respect of absolute rights. International human rights law distinguishes between absolute rights and non-absolute rights. Generally, however, the term should be understood to extend also to other belief systems beyond religion. Noting that the Terms of Reference for this Review specifically advert to ‘freedom of religion’, this term is frequently used in this submission. Hence, this right under international law extends beyond religious belief to include atheistic and non-theistic beliefs. This diversity adds further weight to the international law requirement to accommodate human rights that are in tension.Īrticle 18 of the International Covenant on Civil and Political Rights (ICCPR) refers to ‘freedom of thought, conscience and religion’. This is all the more likely in a pluralistic society with a diversity of beliefs and values. Sometimes they intersect in ways that create tensions or conflicts. It should be no surprise, then, that human rights commonly interact with one another. It is axiomatic that human rights are universal, inalienable, indivisible, interdependent and interrelated. The Terms of Reference for the Review require consideration of the ‘intersections between the enjoyment of freedom of religion and other human rights.’ The Australian Human Rights Commission makes this submission to a review commissioned by the Australian Government on religious freedom, chaired by the Hon.
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