According to the Human Rights Committee “freedom to “have or to adopt” a religion or belief
necessarily entails the freedom to choose a religion or belief, including the right to replace one’s
current religion or belief with another or to adopt atheistic views, as well as the right to retain
one’s religion or belief”. 48 The constant threat of persecution may well amount to attempts from
the Iranian State to prevent individuals from choosing a religion of their choice or converting to a
religion or belief. In the context of a State that considers itself Shia by law, such measures
imposing restrictions on the basis of religion or belief may well amount in practice to coercion to
renounce or to convert to a minority faith and as such are incompatible with the prohibition of
discrimination based on religion or belief under Article 18 of the Covenant. The Human Rights
Committee stipulated that the “recognition of a religion as a State religion should not result in
any impairment of the enjoyment of any of the rights under Article 18, nor in any discrimination
against adherents of other religions or non-believers, since the right to freedom of religion and
belief and the prohibition of discrimination do not depend on the recognition as an official
religion or belief”. 49 Iranian penal sanctions, policies and practices instituted against religious
minorities may well amount to attempts to compel believers or non-believers to adhere to their
religious belief and congregations, to recant their religion or belief or to convert. The Human
Rights Committee has stated that such conduct is inconsistent with Article 18 of the ICCPR.50
Recommendation Status:
This recommendation has NOT been implemented.
48
UN Human Rights Committee (HRC), CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or
Religion), 30 July 1993, CCPR/C/21/Rev.1/Add.4, available at: https://www.refworld.org/docid/453883fb22.html
49
Human Rights Committee Concluding Observations, 3 August 1993, CCPR/C/79/Add.25
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2f79%2fAdd.25&Lang=en
50
CCPR General Comment No. 22: Article 18 < https://www.refworld.org/docid/453883fb22.html>
7