A/HRC/43/48 to freedom of religion or belief, gender equality and the human rights of women and LGBT+ persons (see A/HRC/34/50). 69. The Special Rapporteur rejects any claim that religious beliefs can be invoked as a legitimate “justification” for violence or discrimination against women and girls or against people on the basis of their sexual orientation or gender identity. International law is clear that the manifestation of religion or belief may be limited by States, in full conformity with the criteria outlined in article 18 (3) of the International Covenant on Civil and Political Rights, to protect the fundamental rights of others, including the right to non-discrimination and equality, a principle upon which all human rights, including the right to freedom of religion or belief, depends.62 70. States have an affirmative duty to create the conditions in which all members of society can exercise their rights, including the right to hold a religion or belief. States have an obligation to ensure that, where they act to protect individuals’ rights to manifest their religion or belief, this does not have the effect of impairing the enjoyment of the rights to equality and non-discrimination of any member of society. 71. The principle of “reasonable accommodation” for religious persons or institutions can be a pragmatic tool for States to promote pluralism and to overcome intolerance and discrimination based on religion or belief (A/69/261, para. 25). In fact, exemptions from general laws may be essential to ensure that religious minorities are not indirectly discriminated against by facially neutral laws. However, it is difficult to justify the accommodation of religious beliefs when the consequences are discriminatory and impose harm on others, especially on groups that may have long faced discrimination and marginalization. When claims based on freedom of religion or belief and of nondiscrimination collide, a careful analysis of all the relevant information should be made to maximize the protection of both sets of rights through a proportionality analysis rather than an abstract hierarchy of rights. 63 72. It is essential that States exercise due diligence to ensure that all individuals are able to effectively enjoy their human rights, taking effective action to combat gender-based violence and discrimination, including where perpetrators of such acts seek to “justify” their actions on the basis of their religion or belief. Moreover, the obligation to ensure gender equality extends beyond the public realm and into areas of religious life, where discriminatory practices impair the ability of women, girls and LGBT+ persons to enjoy their human rights on an equal footing. 73. For women and LGBT+ individuals, realizing religious freedom is often about realizing their agency and equality within religion. The Special Rapporteur submits that the ability of women, girls and LGBT+ persons to belong to a faith of their choice without being discriminated against is vital to realizing their right to freedom of religion or belief, as well as their right to be free from gender discrimination. International law protects the right of persons to exit a religious or belief community, but it may also recognize the right of those persons to take part on an equal basis in the process of defining that community (A/67/287, para. 79 (g) and (h)). 74. However, as noted above, freedom of religion or belief includes the right to maintain the internal institutional affairs of religious community life without State intervention. Such autonomy, however, falls within the forum externum dimension of the right freedom of religion or belief and therefore may be restricted, but in strict compliance with article 18 (3) of the International Covenant on Civil and Political Rights (A/68/290, para. 60). Moreover, religious communities are not monolithic, and in many religions a plurality of selfunderstandings exist, some of which may be more committed than others to advancing gender equality and non-discrimination. The State has an obligation to guarantee to everyone, including women, girls and LGBT+ persons, an equal right to freedom of religion or belief, including by creating an enabling environment for pluralist and progressive selfunderstandings to be manifested. Moreover, not all claims for institutional autonomy may 62 63 See also Human Rights Committee, general comment No. 28, paras. 5 and 32. Human Rights Committee, general comment No. 22, para. 8. 17