A/HRC/43/48
warrant an exemption from general laws against discrimination, and religious beliefs cannot
be privileged over non-religious beliefs.
75.
The Special Rapporteur agrees with the Secretary-General’s conclusion that further
progress in implementing the Platform for Action of the Fourth World Conference on Women
and achieving gender equality will require “transformational policies, systemic change,
multilateral cooperation and a commitment to achieving gender equality and full respect for
the human rights of women, including sexual and reproductive health and rights”
(E/CN.6/2020/3, para. 11). As promoters and defenders of human rights, the human rights
community must become more clear-eyed about the root causes of gender equality and
intentional about the multilevel, transformational approaches that are needed to “solve” such
a complex problem. The international human rights, security and development goals,
including the Beijing Declaration and Platform for Action and the 2030 Agenda for
Sustainable Development, require that States consider a more extensive and proportional
conception of its duties to promote and protect human rights.
VII. Recommendations
76.
The Special Rapporteur recommends that States:
(a)
Reaffirm that traditional, historical, religious or cultural attitudes must
not be used to justify violations of human rights; 64
(b)
Review their laws and practices and ensure that all uphold the principles
of the universality of human rights and respect the right to equality and nondiscrimination and do not create, perpetrate or reinforce gender-based violence,
discrimination or inequalities;
(c)
Withdraw reservations to core human rights treaties citing religious
considerations;
(d)
Combat all forms of violence and coercion perpetrated against women,
girls and LGBT+ persons justified with reference to religious practice or belief, ensure
their personal safety and liberty, and hold accountable perpetrators of such violence
and ensure victims obtain redress;
(e)
Repeal discriminatory laws, including those enacted with reference to
religious considerations, that criminalize adultery, that criminalize persons on the basis
of their actual or perceived sexual orientation or gender identity or expression, that
criminalize abortion in all cases, or that facilitate religious practices that violate human
rights;
(f)
Ensure that legal protections for individuals to manifest their religion or
belief, such as in health-care settings, do not have the effect of denying women, girls or
LGBT+ persons the right to non-discrimination or other rights; in all cases, States
should ensure the right to physical and mental integrity, as well as the right to health,
including reproductive health, for women, adolescents and LGBT+ persons and
effective access to reproductive health services and comprehensive sexuality education,
in line with international standards;
(g)
Publicly condemn expressions of hostility against, and the perpetuation of
harmful gender stereotypes of, women, girls, LGBT+ persons and human rights
defenders promoting gender equality, including by religious figures or when “justified”
with reference to religious belief, and instead express active support for gender
equality;
(h)
Create a safe and enabling environment in which women, girls, LGBT+
persons, human rights defenders and all others are able to exercise the right to freedom
of expression in defence of human rights, to manifest their religion or belief; and repeal
laws criminalizing offences such as blasphemy or “offence to religious feelings”;
64
18
Human Rights Committee, general comment No. 28.