A/69/261 2. An underexplored issue 28. Given the enormous significance of the workplace as a place in which many people spend the majority of their daily lives, the issue of religious intolerance and discrimination in the workplace has been touched upon in the Special Rapporteur’s mandate practice. 6 However, it certainly merits further systematic exploration. The sources of intolerance and discrimination can be manifold: existing prejudices against religious or belief minorities may poison the atmosphere among employees; customers may refuse to deal with employees of a religious orientation different from their own; public and private employers may pursue restrictive policies with the intention of preventing hypothetical conflicts (often far-fetched) between followers of different religions or beliefs; or some members of minorities may feel obliged to abide by religious prescriptions that cannot easily be accommodated. In addition, requirements of corporate identity often unduly limit the space for the manifestations of religious conviction and labour laws may have discriminatory side-effects, or even discriminatory intentions, against religious minorities or dissenters. Such problems can occur in public institutions, as well as in the private sector. Moreover, women may suffer from multiple and/or intersectional forms of discrimination or related abuses in the workplace, often originating from both their sex and their religious or belief background. Thus, the issue has an obvious gender dimension (see also A/68/290, paras. 17-74). 29. Given the complexity of the issue, the Special Rapporteur has decided to narrow his focus to two accounts: First, the report approaches the theme from the angle of employees, not (or rather only incidentally) from the perspective of employers. Nevertheless, it should at least be noted that both employees and employers, qua human beings, are entitled to freedom of religion or belief. While this human right also has a collective or corporate dimension, a full analysis of this question would lead to discussion of the issue of the autonomy of religious institutions in their employment policies, which would go far beyond the confines of the present report. 7 Secondly, the focus will be on existing employment relations, rather than on the question of non-discriminatory access to employment. These two issues are strongly interrelated as there is a natural connection between the accommodation of religious diversity within existing employment and a non-discriminatory accessibility of employment. In some countries, people belonging to certain religious or belief minorities are formally barred from accessing public employment and parts of the private sector. The issue of non-discriminatory access to employment has been taken up by the International Labour Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations, in particular with regard to ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation, __________________ 6 7 14-58756 See, for example, the thematic report (A/HRC/10/8, paras. 41-43). In terms of country visits, the report on the United States of America referred to domestic legislation and jurisprudence on religious practice at the workplace (E/CN.4/1999/58/Add.1, para. 72). The report on the country visit to France noted that some women had been dismissed from their employment or had difficulties in finding employment because they wore the headscarf (E/CN.4/2006/5/Add. 4, para. 67). The report on the country visit to India identified p roblems faced by Muslims regarding the issuance of passports and security clearances for employment purposes (A/HRC/10/8/Add.3, para. 20). Religious institutions are sometimes subject to an exemption or exception, which allows them to require that employees are of a particular religious belief. 7/23

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