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U.N. Body Completes Drafting Rules on Religious Rights and Practices

January 14, 1959
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The United Nations Subcommission on Prevention of Discrimination and Protection of Minorities today completed examination of the 12 draft rules on religious rights and practices proposed by Dr. Arcot Krishnaswami of India in his draft report to the subcommission.

At the adjournment, Mohamad Awad of the United Arab Republic, the Subcommission’s chairman, said that he would propose a new draft rule on the protection of places of worship. In his view, this had not been sufficiently provided for in the draft presented. (See page 4 for the views presented by Jewish groups before the subcommission), The rule on marriage as now drafted reads as follows:

“1. Everyone should have the right to enter into a valid marriage celebrated in a form which is not contrary to his religion or belief.

“2. In exercising its power to regulate the form of celebration of marriage, the state should not prevent any one from having marriage rites performed in accordance with his religion or belief, nor compel anyone to undergo a religious ceremony not in conformity with his convictions.

“3. In a state which admits the dissolution of marriage by divorce, the right to seek and obtain divorce should not be denied to anyone whose convictions admit the institution of divorce solely on the ground that he professes a particular religion or belief.”

The rule on arrangements for disposal of the dead reads: “In regulating the disposal of the dead, account should be taken, as far as practicable, of the demands of the religion or belief of the deceased, in such matters as the taking out of funeral processions, the assignment of places for burial, cremation, or other methods of disposal, the performance of rites, and the display of religious or other symbols.”

The rule on dietary practices, reads: “No one should be prevented from observing the dietary practices prescribed by his religion or belief.”

The rule on pilgrimages, reads: “The possibility for pilgrims to journey to sacred places, inside or outside their own country, as acts of religious devotion, should be assured. Such limitations as may be imposed should not be of a permanent character.”

The rule on training of religious leaders, reads: “No religious group should be prevented from training its religious leaders, such as ministers of religion, priests, rabbis or mullahs. When such training is only available outside the country, no permanent limitations should be placed upon travel abroad for the purpose of undergoing such training. Such limitations as may be imposed should not be of a permanent nature.”

The rule on dissemination of religion or belief, reads: “Freedom to disseminate a religion or a belief should be recognized in so far as it does not impair the absolute right of everyone to maintain his religion or belief. Such limitations as may be imposed with a view to protecting public safety within or outside the state, or such limitations as may be imposed upon particular methods of dissemination in the interest of morals as conceived by society as a whole, should be confined within the narrowest possible bounds.”

The rule on objections on conscientious grounds, reads: “States which recognize the claims of conscientious objectors to exemption from military duties should make no adverse distinction between claimants on the ground of the religion or belief which they profess. No one should be compelled to take an oath contrary to his religion or belief. When the taking of an oath is required of an individual whose religion or belief does not allow him to take the oath, he should be permitted to make instead a binding declaration or solemn affirmation.”

The rule on financial measures for the support of a religion or belief, reads: “No one should be compelled to contribute to the support of a religion, a religious institution, or a belief, which is not in conformity with his convictions. Public authorities should refrain from differentiating between religions or beliefs in matters of taxation or subsidy.”

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