A/HRC/4/21/Add.3
page 19
these limitations are necessary to protect public safety, order, health or morals or the
fundamental rights and freedoms of others, as set out in article 18, paragraph 3, of the
ICCPR and article 1, paragraph 3, of the 1981 Declaration.
69.
The Special Rapporteur encourages the Government to give serious consideration to
amending the current practice to enable non-Muslims to manifest their religion or belief in
a manner consistent with human rights law. She recognizes that there is a notable amount
of public opposition to any changes in this regard, and as such she would encourage the
Government to make serious efforts to raise awareness about freedom of religion or belief.
She also strongly recommends that the Government consider acceding to the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, which contains important provisions on the right to freedom of religion or belief,
including the right to manifest one’s belief, in public or in private, of migrant workers and
their families.
Persons under any form of detention
70.
The Special Rapporteur expresses her concern that the right to freedom of religion
or belief of foreign prisoners is not being fully respected, including by limiting their ability
to manifest their religion through prayer and worship and failing to provide them with a
religiously sensitive diet. In this regard she notes paragraph 8 of general comment No. 22
(1993) of the Human Rights Committee, which provides that, “Persons already subject to
certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest
their religion or belief to the fullest extent compatible with the specific nature of the
constraint.” Accordingly, she calls upon the Government to develop, and ensure the
immediate implementation of, a set of regulations, which could be included as an integral
part of the prison rules, to ensure that persons under all forms of detention have the right
to manifest their religion or belief in accordance with relevant international standards,
including rules 41 and 42 of the Standard Minimum Rules for the Treatment of Prisoners.
Women
71.
The Special Rapporteur expresses her concern about the seemingly widespread
willingness to equate the wearing of the headscarf with increasing Islamic extremism and
emphasizes that there can be a wide variety of reasons behind a woman’s choice to wear
the headscarf. Nevertheless, the Special Rapporteur noted with appreciation that women
were able to wear headscarves without hindrance, including civil servants. At the same
time she notes that every woman must have the freedom to choose how she wishes to
manifest her religion or belief, and as such registers her concern about reports of
increasing pressure being placed upon women to wear headscarves, including in
State-controlled media.
-----