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purposes according to the understanding in article 18, paragr aph 3, of the Covenant,
inter alia, depend on the raison d’être of the employing institution and on the
specific purpose and nature of the employment. For instance, the purpose of
employment in the public service may differ significantly from employment wi thin
a private company, and such differences could possibly become an argument for
imposing different rules of conduct in respective public or private employment
contracts. However, any stipulations negatively affecting freedom of religion or
belief must be precisely and narrowly defined. Limitations must always clearly
relate to one of the legitimate purposes enumerated in article 18, paragraph 3, of the
Covenant; they must furthermore be necessary to pursue the stated purpose; and
they must be enacted without any discriminatory intention or effect.
39. In this context, the Special Rapporteur would like to again acknowledge the
work carried out by the ILO Committee of Experts on the Application of
Conventions and Recommendations, which engages in a process of ongoing
dialogue with Governments on the application of ratified conventions, helping to
identify information gaps and suggesting measures and mechanisms for improved
implementation. In its Observations and Direct Requests, ILO can also take into
account information from other United Nations supervisory bodies, forums and
agencies. When monitoring ILO Convention No. 111, the Committee of Experts has
always insisted on a narrow understanding of article 1, paragraph 2, which states:
“Any distinction, exclusion or preference in respect to a particular job based on the
inherent requirements thereof shall not be deemed to be discrimination.” According
to the Committee of Experts, “the concept of inherent requirements must be
interpreted restrictively so as to avoid undue limitations of the protection that the
Convention is intended to provide”. 14
40. The Special Rapporteur has gained the impression that restrictions imposed on
religious manifestations at the workplace frequently fail to satisfy the criteria se t out
in relevant international human rights instruments. This critical assessment covers
both public employers and the private sector. Limitations are often overly broad; it
remains unclear which precise purpose they are supposed to serve and whether the
purpose is important enough to justify infringements on an employee’s right to
freedom of religion or belief. The requirement always to minimize interferences to
what is clearly “necessary” in order to achieve a legitimate purpose, as implied in
the proportionality test, is frequently ignored. Moreover, restrictions are sometimes
applied in a discriminatory manner. Indeed, many employers appear to lack
awareness that they may incur serious human rights problems as a result of
restricting manifestations of freedom of religion or belief by their staff. Under
international human rights law, States — in cooperation with other stakeholders —
have a joint responsibility to rectify this state of affairs.
41. It should be noted in this context that religious instit utions constitute a special
category, as their raison d’être is, from the outset, a religious one. Freedom of
religion or belief also includes the right to establish a religious infrastructure which
is needed to organize and maintain important aspects of r eligious community life.
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See, for example, the Committee’s observation concerning Australia (adopted in 2013), which
refers to the International Labour Conference General Survey on fundamental Conventions on
the fundamental Conventions concerning rights at work in light of the ILO Declaration on Social
Justice for a Fair Globalization, 2008 (ILC.101/III/1B), para. 827.
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