A/HRC/43/48
37.
At the consultations held in Tunisia, participants noted that faith-based groups had
opposed legislative changes that would have decriminalized homosexuality and repealed
discriminatory laws on the grounds that those changes would contradict religious teachings.
LGBT+ rights defenders stressed that they faced harassment and threats of violence from
religious actors in response to their activities.
38.
The Special Rapporteur notes, however, that the role of religious groups in
perpetuating norms that promote gender inequitable attitudes is complex because religious
communities themselves are not monolithic. A multitude of voices exist within religious
groups and institutions, including faith-based actors who campaign for the rights of women,
girls and LGBT+ persons and work to promote gender equality within their faith. Advocates
within religions, across multiple traditions, have long sought to challenge norms and
expectations that undermine the human rights of women, girls and LGBT+ persons; many
have expanded religious leadership and influencer roles for women and challenged
interpretations of religious texts that are used to “justify” discrimination and other harmful
practices against women, girls and LGBT+ persons.
39.
Their work makes clear that religions are not necessarily the source of gender-based
discrimination and violence, but that interpretations of those beliefs, which are not protected
per se, and which are not necessarily held by all members of a religious community, are often
the source of gender-based violence and discrimination. In fact, the present report emphasizes
the fact that freedom of religion or belief can be an important tool to empower women and
LGBT+ persons of faith in their struggles for equality, and that respect for the freedom of
religion or belief of women and LGBT+ persons, as well as other human rights that
underwrite this freedom, should be promoted and protected.24
1.
Gender-based violence by non-State actors
40.
Women, girls and LGBT+ persons endure myriad forms of violence perpetrated by
non-State actors, which are often implicitly or explicitly sanctioned by influential religious
laws and discourse (A/74/181, para. 27; and A/HRC/19/41, para. 21). The Special Rapporteur
is alarmed by the persistence of harmful practices and the fact that those who engage in them
“justify” such acts on the grounds that they are permitted or required by religious beliefs,
including female genital mutilation, dowry killings, rape, polygyny, early and forced
marriage, beatings, coercive gender reassignment surgery and so-called “honour” crimes. 25
Governments have an obligation to prohibit such practices in law and to ensure that
perpetrators of gender-based violence, including violence perpetrated by individuals
claiming a religious “justification” for their actions, are held accountable and their victims
provided with redress. For example, participants in the consultations in Tunisia identified
practices that are directly or indirectly rooted in religion and often defended by reference to
religion, including forced virginity tests, child and forced marriage, “honour” killings,
domestic violence and female genital mutilation.
41.
Various human rights mechanisms, including the Human Rights Committee and the
Committee against Torture, have also noted with concern that deadly attacks on LGBT+
persons were taking place in States where laws adopted with reference to religion had
criminalized same-sex sexual conduct, and religious leaders were actively engaged in hate
speech against individuals on the basis of their sexual orientation (see, for example,
CAT/C/RUS/CO/6, paras. 32–33; and E/C.12/UGA/CO/1). The Independent Expert on
Protection against Violence and Discrimination based on Sexual Orientation and Gender
Identity Minorities notes that, in the United States alone, some 698,000 lesbian, gay, bisexual,
trans or gender non-conforming persons have received “conversion” therapy at some point
in their lives, and over half of them reportedly when they were adolescents (A/HRC/38/43,
para. 47). The Special Rapporteur is similarly alarmed by ongoing reports of the failure of
State authorities to effectively investigate incidents of such violence or to hold perpetrators
accountable.
24
25
See www.uscirf.gov/sites/default/files/WomenandReligiousFreedom.pdf.
See for example, joint general recommendation No. 31 of the Committee on the Elimination of
Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child
(2014) on harmful practices.
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