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objections, it may be useful to find encouragement from the broad spectrum of
success stories in this area.
3.
Resistance towards reasonable accommodation
53. Despite many positive experiences, measures of reasonable accommodation
continue to meet with scepticism or resistance. Sceptics and opponents seem to be
driven by different fears. For instance, they may fear that such measures would
privilege minorities at the expense of equality among colleagues, could undermine
the “neutrality” of certain institutions, open the floodgates to all sorts of special
demands, dilute corporate identity, poison the workplace atmosphere and lead to
high economic costs and managerial complications. Within the confines of the
present report, the Special Rapporteur can only sketch out brief responses to such
typical objections.
(a)
Privileging minorities?
54. Against a widespread misunderstanding, the purpose of reasonable
accommodation is not to “privilege” members of religious minorities at the expense
of the principle of equality. In fact, the opposite is true. What reasonable
accommodation encourages is the implementation of substantive equality. One
should first note that within the framework of human rights, equality must not be
mistaken for “sameness” or “uniformity”. Based on recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family, 21 human rights empower all human beings — on the basis of equal respect
and equal concern — to pursue their personal life plans, to enjoy respect for their
unique and irreplaceable biographies, to freely express their diverse political
opinions and to live in accordance with their diverse faith-related convictions and
practices etc. In the context of human rights, equality always means a diversity friendly “complex equality”. Implementing equality in this sense will bring to bear
the existing and emerging diversity among human beings in all sectors of society.
This, inter alia, requires the elimination of discrimination, including indirect
discrimination — and therein lies the precise purpose of reasonable accommodation.
In short, instead of diluting the principle of equality, reasonable accommodati on
contributes to a more complex — and thus more appropriate — conceptualization of
substantive equality, based on equal respect and concern for all human beings with
their diverse biographies, convictions, identities and needs. It does not privilege
certain groups of people but finally contributes to a more diverse society to the
benefit of all.
(b)
Endangering neutrality?
55. Some employers pursue a policy of “neutrality” vis-à-vis their customers in
order to demonstrate that they cater to all parts of the society without distinguishing
between adherents of different creeds. Such a policy of neutrality may be of
particular importance for the public service or other State institutions — for
example, the police or the judiciary — which are supposed to operate in the service
of everyone without prejudice to different religious backgrounds. When discussing
the issue of neutrality the different functions which State institutions carry out
certainly must be taken into consideration. At any case, on closer an alysis, it
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See the first sentence of the preamble to the Universal Declaration of Human Rights.
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