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stipulates an obligation for State parties in this field: “In order to promote equality
and eliminate discrimination, States Parties shall take all appropriate steps to ensure
that reasonable accommodation is provided.” It should be noted that article 5 of the
Convention generally deals with equality and non-discrimination and that
reasonable accommodation thus plays a systematic role in this specific context. In
its concluding observations on reports of States parties, the Committee on the Rights
of Persons with Disabilities has clarified that it treats failure to ensure reasonable
accommodation as a violation of the principles of equality and non -discrimination. 20
50. The Convention on the Rights of Persons with Disabilities reflects some of the
most recent thinking in this area, including insights from international debates on
measures needed to effectively combat discrimination, in particular indirect forms
of discrimination. It seems fair to infer that what the Convention specifically
stipulates as regards reasonable accommodation on behalf of persons with
disabilities might also apply to persons suffering discrimination on other grounds,
including religion or belief.
2.
Reasonable accommodation in the workplace
51. Measures of reasonable accommodation in the workplace in order to ensure
everyone’s freedom of religion or belief on the basis of equality and
non-discrimination are not a mere utopian dream. Fortunately, we have a number of
impressive success stories in this field which may help to inspire positive action and
dispel unjustified fears.
52. In many institutions, a more or less appropriate infrastructure already exists or
is in the process of development. Accommodating religious or belief -related
diversity in the workplace has become a standard practice in many public
institutions and private companies. One example is respect for specific dietary needs
originating from religious prescripts or other conscience -based reasons. Workplace
canteens frequently provide halal or kosher food and offer vegetarian meals, and in
many cases this is appreciated even by employees who have not requested such
options for religious reasons. Public and private employers have successfully
negotiated pragmatic ways of accommodating diverse religious holidays, for
instance, by permitting employees to use parts of their annual vacation for this
purpose. Trade unions and staff representatives often participate in such
negotiations. There are also examples of employees performing their prayer rituals
in the workplace without any negative implications on professiona l operations.
Moreover, the wearing of religious garments is considered part of normal life in
many public institutions or private companies and is largely respected by colleagues
and customers. In short: provided there is goodwill on all sides, practical solutions
can be found in most cases. So before dealing with remaining challenges and
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See the references to “reasonable accommodation” in the Committee’s concluding observations
CRPD/C/TUN/CO/1, paras. 12-13; CRPD/C/ESP/CO/1, paras. 19-20, 40 and 43-44;
CRPD/C/PER/CO/1, paras. 6-7; CRPD/C/ARG/CO/1, paras. 11-12; CRPD/C/CHN/CO/1 and
Corr.1, paras. 11-12 and 74; CRPD/C/HUN/CO/1, paras. 15, 16, 27, 34, 39 and 41-43;
CRPD/C/PRY/CO/1, paras. 13-14, 32, 44 and 65; CRPD/C/AZE/CO/1, paras. 13, 41 and 43;
CRPD/C/CRI/CO/1, paras. 11-12, 28 and 55-56; CRPD/C/SWE/CO/1, paras. 9-10, 21, 23 and 26;
CRPD/C/SLV/CO/1, paras. 13-14, 28-32, 49-50 and 55; CRPD/C/AUS/CO/1, paras. 45-46. See
also the Committee’s views on the cases of H.M. v. Sweden (CRPD/C/7/D/3/2011); Nyusti and
Takács v. Hungary (CRPD/C/9/D/1/2010); Bujdosó et al. v. Hungary (CRPD/C/10/D/4/2011);
and X. v. Argentina (CRPD/C/11/D/8/2012).
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