La libertà religiosa nelle regioni africana e asiatica tra universalismo e relativismo culturale

The chapter attempts to demonstrate that regional human rights instruments oriented to cultural relativism do not allow African and Asian States to derogate from the ‘universal’ obligations on freedom of religion enshrined in the International Covenant on Civil and Political Rights (ICCPR), to the extent that they are parties thereto. It is true that a comparison between the ICCPR, on the one hand, and the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Arab Charter on Human Rights and the ASEAN Declaration on Human Rights, on the other hand, shows some weaknesses in the protection of religious freedom according to the latter. Nonetheless, leaving aside non-binding instruments like the ASEAN Declaration, some of the emerging weaknesses are due to differences that may be overcome by interpretation. As to the differences giving rise to normative conflicts or incompatibilities, African and Asian States are either expected to primarily apply the ICCPR by virtue of the conflict clauses established in the regional treaties, or in any event responsible for a breach of the ICCPR although their conduct is consistent with the regional treaties.