The background to the Declaration

In 1956 the Sub-Commission on Prevention of Discrimination and Protection of Minorities decided to undertake a study of discrimination in the matter of religious rights and practices and appointed a Special Rapporteur, Mr Arcot Krishnaswami, to undertake this task. His report, entitled, ‘Study of Discrimination in the Matter of Religious Rights and Practices’ was finally submitted to the CHR in 1960, after having been revised in the light of comments from States and within the Sub-Commission. Although the opening words of the Study refer to ‘religions and beliefs’, its title accurately reflects the fact that its prime concern was with religion. However, it went beyond the question of discrimination and considered what was meant by freedom of religion or belief, as found in the UDHR, and concluded with a series of ‘basic rules’ which elaborated upon the meaning of Article 18 of the UDHR in the light of the State practice submitted. The Sub-Commission examined these rules and produced its own ‘Draft Principles on Freedom and Non-Discrimination in the Matter of Religious Rights and Freedoms’, the title of which clearly indicated this dual purpose, and which were transmitted to the CHR along with the Krishnaswami Study. The CHR began a detailed examination of the Draft Principles at its Eighteenth Session (1962) and intended to continue this the following year. However, this-was overtaken by events.

Mounting Third World pressure against apartheid in South Africa culminated in the General Assembly requesting in 1962 that the CHR prepare a declaration and convention on the Elimination of All Forms of Racial Discrimination.