ABSTRACT

Acquisition of legal personality plays a key role in the effective protection of the collective dimension of freedom of religion or belief. This chapter examines the right to acquire legal personality in international human rights law, with particular reference to the right to freedom of religion or belief. The significance of the right to acquire legal personality is best seen in its enabling and empowering function. In the process of adjudication, claims concerning discrimination in connection to legal personality, recognition and registration may be potentially a significant tool to identify recurring patterns of discrimination and general repression toward certain groups. The right to fair trial has important implications for ensuring judicial protection of belief communities or organizations and their assets, and in this respect it is closely linked to having legal personality. Groups of believers can also base their claims to acquire legal entity status on the right to freedom of association.