just go about volunteering their religious identity.23 Similarly, the requirement to
falsely declare allegiance on official documents to a religion one does not adhere to
affronts the individual’s conscience. Moreover, bearing an ID or birth certificate which
falsely identifies the holder as an adherent of a recognised religion meant that at each
instance Bahá’ís were required to produce such IDs by state or private entities, they
falsely self-identify as an adherent of the indicated religion. Compelling an individual
to declare and perpetually bear a false identity also undoubtedly affronts the
individual’s conscience, the forum internum. To the extent, the compulsion to disclose
one’s religion coupled with the compulsory requirement to indicate and bear a false
religious identity on IDs, birth certificates and similar official documents infringes the
forum internum. In this regard, the Respondent State breached its duty to respect the
individual’s forum internum when it failed to desist from adopting and applying the
legal measures complained of. In this respect, the internal aspect of freedom of religion
under Article 8 of the Charter was violated.
139. However, the Commission does not consider the instruction to the school
attended by the victims’ children by itself, or coupled with the compulsion to disclose
religion and to falsely identify with a recognised religion to amount to coercion to
change religion. On the available material, it is clear that Bahá’ís had to indicate one of
the recognised religions as a convenience arrangement to facilitate the computerised
process for issuing IDs and other official documents to Bahá’ís. There is nothing more
to suggest that the object of these measures was to necessarily compel Bahá’ís to
denounce their religion within their forum internum and adopt Islam as their religion,
which would violate the core absolute freedom of religion within the forum internum.
140. On the contrary as subsequent developments would show, the State amended
the Civil Registry Act No 143/1994 to permit Bahá’ís to obtained official documents
without indicating any other religion as ordered by the domestic court. This suggests
that the State’s objective was really the non-appearance of “Bahá’í” on official
documents as opposed to having Baha’is denounce their religion and adopt Islam.
More importantly, the amendment to the law created an exemption from disclosing
one’s religion, and consequently from indicating and bearing a false identity. By that
amendment, Bahá’ís do not have to declare any religion or bear a false identity. The
Commission considers that where a compulsory scheme that engages the individual’s
forum internum permits genuine exemptions, the individual has the freedom to opt out
of the scheme and exercise the exemption. The opt out practically takes away the
compulsion and the scheme does not violate the individual’s conscience or forum
internum.
It is an assumption because in some circumstances individuals may actually wish to have their
religion recorded in public documents for various reasons. The case of Sofianopoulos and other v Greece
(2002-X) ECtHR (Application Nos. 1977/02, 1988/02 and 1997/02) concerned individuals voluntary and
unsolicited demand to have their religion recorded on their IDs.
23
26