Part II | Outline

Category D | Human Rights

Topic 17 | UDHR Article 18

The most widely accepted articulation of freedom of religion and belief (FoRB) is found in Article 18 of the Universal Declaration of Human Rights (UDHR), which was adopted unanimously by the General Assembly of the United Nations in December 1948. Article 18 states that “everyone has the right to freedom of thought, conscience, and religion,” including the right to change one’s religion or belief; the right to practice one’s religion or belief in public or private, alone or in community with others; and the right to manifest one’s religion or belief through teaching, practice, worship, and observance. While the UDHR is an important normative statement, it does not itself directly create binding legal obligations on states. Nevertheless, Article 18 is the universal “standard of achievement” and aspirational benchmark that religious freedom efforts ought to be measured against. Additionally, the UDHR and, more particularly, Article 18 have shaped legally binding treaties as well as jus cogens (mandatory, universally accepted norms in international law) and many constitutional and statutory provisions that protect freedom of religion and belief.

Text of Article 18  

• “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 teaching, practice, worship and observance.”

Key ideas  

• Religious freedom as a positive right. Article 18 of the UDHR contains both negative and positive law elements. While many of the rights articulated in the Article focus on negative obligations (e.g., noninterference by the state), the Article also contains positive law elements, including the right to manifest one’s religious beliefs freely. This compels member states to take active measures to provide or facilitate conditions where individuals may exercise their rights freely.

• Freedom of thought, conscience, and religion. Article 18 is not limited to religious freedom; rather, it speaks of freedom of “thought, conscience and religion.” Thus, the definition of what does and does not count as religion is not decisive for determining the scope of what is and is not protected.

• Freedom to change one’s religion. Article 18 explicitly states that freedom of religion includes the freedom to change one’s religion or belief. This phrase highlights the importance of individuals’ ability to change their mind, convert to a new religion, or choose to follow a different set of moral beliefs.

• Freedom to manifest religious beliefs. In addition to protecting individuals’ inner convictions, Article 18 also safeguards their ability to outwardly manifest their beliefs through action.

• Universality. Article 18 articulates the right to freedom of thought, conscience, and religion for all—regardless of "nationality, sex, national or ethnic origin, color, religion, language, or any other status."

Critiques and responses  

• Vagueness and misinterpretation. Some critics assert that the UDHR was intentionally drafted to be vague. They argue that this open-ended construction could lend itself to misinterpretation at the expense of competing human rights interests. However, the Declaration’s broad language was necessary to gain consensus for the UDHR’s adoption, and it has been narrowed and made more specific over time, through subsequent covenants, declarations, and interpretations.

• Western imperialism. Many critics assert that the UDHR imposes Western ideals on non- Western cultures. However, the UDHR was drafted by a committee with members from all four hemispheres, representing a broad spectrum of cultural, ethnic, political, and religious backgrounds.

• Lack of enforcement. The UDHR is a normative declaration that does not have binding legal authority. Though Article 18 is an aspirational benchmark, many critics argue that the UDHR does little to ensure legitimate protection for religious freedom. However, the UDHR and Article 18 have been very influential in creating norms in international law, influencing regional norms, shaping legally binding treaties with enforcement mechanisms, and shaping national constitutional and legislative provisions that create legal rights backed up by state courts and law enforcement mechanisms.