Key Religious Freedom: Right to Convert Others

The right to convert others to one’s religious beliefs is a key part of freedom of religion according to experts on international human rights 

Patricia Duval, French attorney specialised in international human rights law, sent on 22^nd September 2024, a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 3 days later, on 25^th September, an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.

Part 2 of comments on third article of Bitter Winter’s 5-part series 

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See part 1, part 2, part 3 of comments on fifth article of Bitter Winter’s 5-part series

See part 1, part 2 of comments on fourth article of Bitter Winter’s 5-part series

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Text: Knut Holdhus 

Spreading the word

Patricia Duval, expert on international human rights, emphasizes in her report to the UN that the right to engage in proselytism, or the act of trying to convert others to one’s religious beliefs, is a key component of the broader right to express and practice religious faith, and as such, is legally protected.

Heiner Bielefeldt, the former Special Rapporteur on Freedom of Religion or Belief, dedicated a portion of his 2012 Interim report to the Human Rights Council (dated 13^th August 2012, A/67/303) to the concept of “the right to try to convert others by means of non-coercive persuasion.” In this report, he highlighted that some countries impose strict legislative or administrative constraints on activities aimed at spreading religious messages. Such constraints can unfairly limit the right to engage in conversion efforts through peaceful or non-coercive persuasion. This right, according to Bielefeldt, is an essential part of religious freedom.

One example of legitimate proselytism can be found in the practices of the Family Federation (formerly the Unification Church). As described in the court decision mentioned above – High Court of Tokyo 13^th May 2003 – members of the former Unification Church invite newcomers to participate in seminars or training sessions, “allowing the doctrines, ‘Divine Principle,’ to gradually permeate their understanding,” This method of communication falls within the scope of non-coercive persuasion and is considered a valid expression of proselytism.

The Special Rapporteur also noted that many of the restrictions placed on religious outreach activities are often implemented in a manner that is openly discriminatory. In some cases, religious groups, especially those known for active missionary work, face social prejudices that can escalate into widespread paranoia. According to Duval, this is precisely the situation currently faced by members of the Family Federation in Japan. Due to deep-seated societal biases, their proselytizing activities are increasingly being perceived as “anti-social”.

Patricia Duval mentions how an important legal precedent addressing this issue occurred in a ruling by the Tokyo District Court on 15^th January 2008, which was included in the government’s request for the dissolution of the Family Federation. The court found,

“However, when solicitation activities or the sale of goods, as described above, are carried out by unduly instilling anxiety or fear in the other party, exploiting their psychological state, and when such donations or purchases of goods are conducted in a manner that cannot be said to be based on the free will of the person in question according to societal norms, or when they involve the expenditure of an unreasonably large sum of money, considering the actor’s social status, assets, or circumstances, thereby significantly deviating from what is generally considered acceptable by society, such solicitation or sales activities must be deemed antisocial.”

To prevent such prejudicial verdicts and protect the rights enshrined in international treaties, the Special Rapporteur emphasized that any restrictions placed on missionary activities by states must fully adhere to the standards outlined in Article 18(3) of the International Covenant on Civil and Political Rights (ICCPR). This article sets out the permissible limits on the freedom to manifest religion. Article 18(3) says,

“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.”

Text: Knut Holdhus

See part 1, part 3 

See part 1, part 2, part 3 of comments on fifth article of Bitter Winter’s 5-part series

See part 1, part 2 of comments on fourth article of Bitter Winter’s 5-part series

See part 1, part 2 of comments on second article of Bitter Winter’s 5-part series 

See part 1, part 2, part 3 of comments on first article of Bitter Winter’s 5-part series 

Featured image above: Two Japanese ladies spreading the word. Illustration: Microsoft Designer Image Creator, 8th October 2024.

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