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International standards - I3e


FREEDOM OF RELIGION OR BELIEF
e) Appointing clergy

General Assembly Declaration 36/55 1981

Art. 6 (g) : The right to freedom of thought, conscience, religion or belief includes the freedom, "To train, appoint, elect or designate by succession appropriate leaders [.]".

Human Rights Committee general comment 22

Para . 4 : "In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as the freedom to choose their religious leaders, priests and teachers [.]."

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Excerpts of relevant paragraphs of 25 years mandate reporting practice (1986-2011)

A/51/542/Add.1, paras. 138-139 (country visit to Greece):

"138. As for the special provisions concerning Muslims and, more particularly, muftis and waqfs, the Special Rapporteur recalls article 6, paragraph (g), of the 1981 Declaration, which guarantees freedom to "train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief".

139. The Special Rapporteur believes it necessary for the Greek authorities to comply fully and in good faith with the Treaty of Lausanne and with the country's international undertakings. He also recalls the need to refrain from interfering in the affairs of a religion, apart from the restrictions provided for in international law, and calls for respect for the traditions of each religious group within the framework of internationally recognized norms. "

A/55/280/Add.1, paras. 160 (country visit to Turkey):

"160. [...] (e) The Government should guarantee minorities the right to teach their religion, in places suitable for this purpose, and to train their clergy. The Special Rapporteur believes it indispensable that minorities once again have their own religious seminaries, in accordance with article 6 of the 1981 Declaration and the General Comment No. 22 (48) of the Human Rights Committee ("the practice and teaching of religion and belief includes acts integral to the conduct by religious groups of their basic affairs, such as, inter alia, the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminars or religious schools.")."

E/CN.4/2006/5/Add.1, paras. 93-95 (communications report):

"Communication sent on 9 June 2005 [to the Government of the People's Republic of China ]

93. The Special Rapporteur sent this communication to underline the tenth anniversary of the disappearance of Gedhun Choekyi Nyima, 16 years.

94. Gedhun Choekyi Nyima, then aged 6, disappeared together with his parents from Lhari, their village in Tibet on 17 May 1995, three days after having been recognized as the eleventh reincarnation of the Panchen Lama by the Dalai Lama. Their whereabouts were not known.

95. The Special Rapporteur wished to express her concern about the grave interference with the freedom of belief of the Tibetan Buddhists who have the right to determine their clergy in accordance with their own rites and who have been deprived of their religious leader. "

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