is tantamount to coercion to change religion. They submit that these measures
constitute violation of Article 8 of the Charter.
(iv)
Remedies
103. The Complainants state that the subsequent changes in domestic law allowing
Baha’is to obtain IDs with the religion column left blank do not fully address the
victim’s complaint. In particular, they are still unable to indicate “Baha’i” as their
religious identity on official documents. Accordingly, the Complainant seek the
following reliefs on behalf of the victims:(i)
A finding that the Respondent State’s conduct amounts to violation of
Articles 1, 2 and 8 of the Charter.
B.
(ii)
That the Respondent State should take immediate steps to recognise the
religion of the victims and other similarly placed individuals, including on
all official documents.
(iii)
Compensation.
Respondent State’s Submissions on the merits
104. The Respondent State avers that it adheres to the Universal Declaration of
Human Rights (UDHR), the International Covenant on Civil and Political Rights
(ICCPR), and the Charter. Comparatively Article 18(1) of the ICCPR guarantees that
everyone shall have the right to freedom of thought, conscience and religion; and
Article 8 of the Charter provides that “freedom of conscience, the profession and free
practice of religion shall be guaranteed”. It submits that these guarantees entail that
freedom to adopt a religion or faith is absolute and everyone has the right to embrace
any religion irrespective of the stance of the State or the opinion of others. The
guarantees also protect the freedom to express or practice one’s faith or religion.
105. However, Article 29 of the UDHR, Article 18(3) of the ICCPR and the second
part of Article 8 of the Charter all permit limitations as prescribed by law for the
purpose of protecting, public safety, order, health or morals and the fundamental
rights and freedoms of others.
106. At the domestic level, Article 46 of the 1971 Constitution provided that
“freedom of faith and free exercise of religious rites are guaranteed and are
indivisible.” Its Supreme Constitutional Court’s (SCC) interpretation of this provision
is consistent with provisions of the UDHR, ICCPR and the Charter, which the Court
applies at the domestic level subject to the reservations made by the Arab Republic of
Egypt. The SCC holds that freedom to embrace religious belief cannot be restricted and
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