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Human Right Human rights instrument Article VGGT Section VGGT Paragraph

Right to freedom of religion

UDHR

Universal Declaration of human rights

18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change bis religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ICCPR

International Covenant on Civil and Political Rights

18

1. 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 of 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. 2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. 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.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination

5.1 (d) (vii)

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: The right to freedom of thought, conscience and religion

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

CRC

International Convention on the Rights of the Child

14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ICRMW

International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families 

12

1. Migrant workers and members of their families 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 of their choice and freedom either individually or in community with others and in public or private to manifest their religion or belief in worship, observance, practice and teaching. 2. Migrant workers and members of their families shall not be subject to coercion that would impair their freedom to have or to adopt a religion or belief of their choice. 3. Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others. 4. States Parties to the present Convention undertake to have respect for the liberty of parents, at least one of whom is a migrant worker, and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

UNDROP

United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas

8.1

Peasants and other people working in rural areas have the right to freedom of thought, belief, conscience, religion, opinion, expression and peaceful assembly. They have the right to express their opinion, either orally, in writing or in print, in the form of art, or through any other media of their choice, at the local, regional, national and international levels.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

UNDRIP

United Nations Declaration on the Rights of Indigenous Peoples

1

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ILO C169

Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169

3

1. Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention shall be applied without discrimination to male and female members of these peoples. 2. No form of force or coercion shall be used in violation of the human rights and fundamental freedoms of the peoples concerned, including the rights contained in this Convention.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ECHR

European Convention for the Protection of Human Rights and Fundamental Freedoms

9

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

European Framework Convention on Minorities

Council of Europe Framework Convention for the Protection of National Minorities

7

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

8

The Parties undertake to recognise that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organisations and associations

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ADRDM

American Declaration on the Rights and Duties of Man

III

Every person has the right freely to profess a religious faith, and to manifest and practice it both in public and in private.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ACHR

American Convention on Human Rights

12

1. Everyone has the right to freedom of conscience and of religion. This right includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or together with others, in public or in private. 2. No one shall be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs. 3. Freedom to manifest one's religion and beliefs may be subject only to the limitations prescribed by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms of others. 4. Parents or guardians, as the case may be, have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

Convention of Belem do Para

Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para)

4i

Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: i. The right of freedom to profess her religion and beliefs within the law; and

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ACHPR

African Charter on Human and Peoples' Rights

8

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ACRWC

African Charter on the Rights and Welfare of the Child

9

1. Every child shall have the right to freedom of thought conscience and religion. 2. Parents, and where applicable, legal guardians shall have the duty to provide guidance and direction in the exercise of these rights having regard to the evolving capacities, and best interests of the child. 3. State Parties shall respect the duty of parents and where applicable, legal guardians, to provide guidance and direction in the enjoyment of these rights subject to the national laws and policies.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

ADHR

ASEAN Declaration on Human Rights

22

Every person has the right to freedom of thought, conscience and religion. All forms of intolerance, discrimination and incitement of hatred based on religion and beliefs shall be eliminated.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work

UDHR

Universal Declaration of human rights

23.1

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ICESCR

International Covenant of Economic Social and Cultural rights

6.1

The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination

5.e.i

5. In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] e) Economic, social and cultural rights, in particular: i. The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ICEDAW

International Convention on the Elimination of All Forms of Discrimination Against Women

11.1.a & c

11. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: a. The right to work as an inalienable right of all human beings; [..] c. The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ICRPD

International Convention on the Rights of Persons with Disabilities

27.1

States Parties recognize the right of persons with disabilities to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. States Parties shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to, inter alia [..]

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

UNDROP

United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas

13.1

Peasants and other people working in rural areas have the right to work, which includes the right to choose freely the way they earn their living.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ILO C169

Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169

23

1. Handicrafts, rural and community-based industries, and subsistence economy and traditional activities of the peoples concerned, such as hunting, fishing, trapping and gathering, shall be recognised as important factors in the maintenance of their cultures and in their economic self-reliance and development. Governments shall, with the participation of these people and whenever appropriate, ensure that these activities are strengthened and promoted. 2. Upon the request of the peoples concerned, appropriate technical and financial assistance shall be provided wherever possible, taking into account the traditional technologies and cultural characteristics of these peoples, as well as the importance of sustainable and equitable development.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ILO C111

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - ILO C111

2

Each Member for which this Convention is in force undertakes to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ESC

European Social Charter (revised)

Part I, Article 1

Everyone shall have the opportunity to earn his living in an occupation freely entered upon.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

Part II, Article 1

With a view to ensuring the effective exercise of the right to work, the Parties undertake: 1. to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment; 2. to protect effectively the right of the worker to earn his living in an occupation freely entered upon; 3. to establish or maintain free employment services for all workers; 4. to provide or promote appropriate vocational guidance, training and rehabilitation.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ADRDM

American Declaration on the Rights and Duties of Man

XIV

Every person has the right to work, under proper conditions, and to follow his vocation freely, insofar as existing conditions of employment permit.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

Protocol of San Salvador

Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural rights (Protocol of San Salvador)

6

1. Everyone has the right to work, which includes the opportunity to secure the means for living a dignified and decent existence by performing a freely elected or accepted lawful activity. 2. The State Parties undertake to adopt measures that will make the right to work fully effective, especially with regard to the achievement of full employment, vocational guidance, and the development of technical and vocational training projects, in particular those directed to the disabled. The States Parties also undertake to implement and strengthen programs that help to ensure suitable family care, so that women may enjoy a real opportunity to exercise the right to work.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

7

The States Parties to this Protocol recognize that the right to work to which the foregoing article refers presupposes that everyone shall enjoy that right under just, equitable, and satisfactory conditions, which the States Parties undertake to guarantee in their internal legislation, particularly with respect to: a. Remuneration which guarantees, as a minimum, to all workers dignified and decent living conditions for them and their families and fair and equal wages for equal work, without distinction; b. The right of every worker to follow his vocation and to devote himself to the activity that best fulfills his expectations and to change employment in accordance with the pertinent national regulations;

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ACHPR

African Charter on Human and Peoples' Rights

15

Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

Maputo Protocol

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

XIII.a-e

States Parties shall adopt and enforce legislative and other measures to guarantee womenequal opportunities in work and career advancement and other economic opportunities. In this respect, they shall: a) Promote equality of access to employment; [...] d) Guarantee women the freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognised and guaranteed by conventions, laws and regulations in force; e) Create conditions to promote and support the occupations and economic activities of women, in particular, within the informal sector;

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

ADHR

ASEAN Declaration on Human Rights

27

(1) Every person has the right to work, to the free choice of employment, to enjoy just, decent and favourable conditions of work and to have access to assistance schemes for the unemployed. (2) Every person has the right to form trade unions and join the trade union of his or her choice for the protection of his or her interests, in accordance with national laws and regulations. (3) No child or any young person shall be subjected to economic and social exploitation. Those who employ children and young people in work harmful to their morals or health, dangerous to life, or likely to hamper their normal development, including their education should be punished by law. ASEAN Member States should also set age limits below which the paid employment of child labour should be prohibited and punished by law.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

UNDHRD

UN Declaration on Human Rights Defenders

11

Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession. Everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics.

General matters

5. Policy, legal and organizational frameworks related to tenure
5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities