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openly discriminate against religious or belief minorities within their staff, this will
likely have negative spillover effects on private employers who may feel
encouraged to impose similar restrictions on their own staff. By contrast, policies
that create an atmosphere of religious tolerance for employees working in public
institutions can also serve as positive models for private sector employers.
44. Besides this special responsibility concerning the employment policies of State
institutions, States are obliged to create effective anti-discrimination laws for the
society at large, including the private sector. Such laws must also cover
discrimination on the grounds of religion or belief. The Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or
Belief sends a strong message by proclaiming, in article 3, that “discrimination
between human beings on the grounds of religion or belief constitutes an affront to
human dignity and a disavowal of the principles of the Charter of the United
Nations”. State responsibility to overcome religious discrimination in this area
includes the regulation of employment in public institutions and the private sector
through non-discrimination stipulations in general labour laws and other measure s.
Finally, the State is responsible for tackling the root causes of religious intolerance
and related abuses, for instance, by providing anti-bias education in schools or by
taking steps to counter negative stereotypes presented in the media. 18
45. While States have undertaken formal obligations under international human
rights law, non-State actors also have a responsibility to combat intolerance and
discrimination in the workplace. This particularly concerns employers, trade unions
and consumer organizations. They should all use their specific potential to
contribute to a climate of open-mindedness and an appreciation of diversity in the
workplace as part of normal life.
2.
Tackling concealed and indirect forms of intolerance or discrimination
46. Apart from straightforward expressions of religious intolerance and direct
discrimination against religious minorities, intolerance and discrimination can also
occur in more concealed or indirect forms which are not always easy to detect. They
often remain hidden by seemingly “neutral” rules which, although on the surface
applying to everyone equally, can have disproportionately negative effects on some
people. For instance, the management of holidays at the workplace typically reflects
the dominant religious and cultural tradition in a country. Whereas adherents of
majority religions usually do not encounter great problems when trying to combine
their work-related obligations with the celebration of their religious holidays, the
situation of religious or belief minorities may be much more complicated.
Additional problems may arise for people who feel a religious obligation not to
work on specific days during the week. For instance, some Jews or Seventh -DayAdventists have lost their jobs as a result of their r efusal to work on Saturdays, and
the same has happened to both Muslims and Christians who objected to working on
Fridays or Sundays, respectively. Another example of possible indirect
discrimination concerns dress code regulations which, in the name of “co rporate
identity” or for other reasons, prohibit employees from wearing religious garments.
While on the surface such regulations may appear to affect all staff members
equally, in practice they can impose disproportionate burdens on members of
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See the Rabat Plan of Action on the prohibition of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence (A/HRC/22/17/Add.4), appendix.
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