Islam in uzbekistan

Journal of Arabic and Islamic Studies 2 (1998/99)

powerful protector of religious freedom.⁶⁸ Article 2 of the ICCPR proscribes religious discrimination in fulfilling any of the rights set out in the provisions of the ICCPR.⁶⁹ In the same vein, Article 26 of the ICCPR prohibits religious discrimination.⁷⁰ Article 18(1) specifically guarantees the right to freedom of religion.⁷¹ This article mandates that the freedom of an individual to have or adopt a religion may not be restricted.⁷² Additionally, Article 18(4) of the ICCPR guarantees the right to a religious education.⁷³


national agreement that protects religious liberties).


⁶⁸ See Kolodner, supra note 48, at 412 (stating that the ICCPR is legally binding on parties who accede to it); see also Francioni, supra note 57, at 474 (arguing that the ICCPR transformed the “soft law,” i.e., non-binding effect of the UDHR into hard and more precise law that is more powerful); Donna E. Artz, Heroes or Here­tics: Religious Dissidents Under Islamic Law, 14 Wis. Int’l L.J. 349, 358 (asserting that the strength of the ICCPR comes from it being adopted by 125 countries, including 23 Muslim states).


⁶⁹ ICCPR, supra note 51, Art. 2(1) (stating that each party to the Covenant under­takes to ensure and respect the rights in the Covenant without distinction of any kind such as, inter alia, religion).


⁷⁰ See id., at Art. 26 (proscribing religious discrimination). “[T]he law shall pro­hibit any discrimination and guarantees to all persons equal and effective protection against discrimination on any ground such as, inter alia, religion.” Id. See also Kolodner, supra note 48, at 412 (explaining that Art. 26 of the ICCPR mirrors the prohibition on discrimination found in Art. 2 of the UDHR).


⁷¹ ICCPR, supra note 51, Art. 18(1) (guaranteeing religious freedom): “Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief or his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.” Id. See also Kolodner, supra note 48, at 412 (drawing similarities between Art. 18 of the ICCPR and Art. 18 of the UDHR).


⁷² See Marcus, supra note 49, at 515 (asserting that the right to adopt a religion or belief of one’s choice, set out in Art. 18(1) of the ICCPR, is a non-derogable right); but see ICCPR, supra note 51, Art. 18(2) (specifying that the freedom to manifest or practice one’s religion or beliefs may be subject to such limitations as are prescribed by law); Kolodner, supra note 48, at 412 (addressing the similarities between the ICCPR and the UDHR in regard to the derogations permitted in both documents to the freedom to manifest one’s religion).


⁷³ ICCPR, supra note 51, Art. 18(4) (guaranteeing a religious education for chil­dren). “The States Parties to the present Covenant undertake to have respect for the liberty of parents, and when applicable, legal guardians to ensure the reli­gious and moral education of their children in conformity with their own convic­tions.” Id.