A/HRC/43/48
42.
Moreover, according to some sources, the rising number of hate crimes based on
sexual orientation and gender identity worldwide correlates with a steep rise in faith-based
groups using interpretations of religious teachings that promote gender-based violence and
discrimination to violate the human rights of LGBT+ persons, including, inter alia, their right
to life and freedom from torture (A/73/152, paras. 47–48). The Special Rapporteur confirms
that these accounts are emblematic of allegations he has received and that have been raised
by United Nations human rights experts with the Governments of States including Egypt, 26
Georgia,27 Indonesia,28 the Philippines29 and the Republic of Korea.30
2.
Accommodations on the basis of religious belief
43.
One area of particular concern regarding accommodations to national law for religious
beliefs is the use of conscientious objection by health-care providers and institutions
unwilling to perform abortions or provide access to contraception on religious grounds. In
Uruguay, for example, women can elect to have an abortion, but in certain regions up to 87
per cent of medical providers refuse to perform abortions. Participants in the Special
Rapporteur’s consultations from countries such as Kenya, Poland and the United States noted
that the invocation of “conscience clauses” provided in law had made access to legal abortion
effectively unavailable to women in significant parts of the country. The Special Rapporteur
notes that the Human Rights Committee has expressed concern about this phenomenon, in
addition to the absence of effective referral mechanisms for accessing legal abortion medical
services as a result of the exercise of conscientious objection. 31 The Special Rapporteur
recalls that the Human Rights Committee has called upon States to ensure that women have
access to legal abortion notwithstanding conscientious objection by medical practitioners,
which it has referred to as a “barrier” to access (CCPR/C/POL/CO/7, paras. 23–24; and
CCPR/C/COL/CO/7, paras. 20–21), and has suggested that conscientious objection should
only be permitted, if at all, for individual medical providers. 32 The Special Rapporteur was
presented with additional information about gender-based discrimination by private persons
refusing to provide medical or other services to women, girls and LGBT+ persons and who
cited religious objections for doing so. At the consultations in the United States, for example,
it was noted that individuals had refused to provide services to LGBT+ persons, including in
the areas of family planning and prenatal care, infertility treatment, adoption, housing, 33
lodging, employment and commercial services. South Africa has seen a significant increase
in State-sanctioned “conscience-based refusals” to provide women with legal abortion
services or to recognize the right of LGBT+ persons to non-discrimination in civil marriage.34
44.
Moreover, participants in all of the consultations reported that legal exemptions to
anti-discrimination measures on the grounds of religious commitments were being
increasingly accommodated. Participants in the consultations on the Americas noted, for
example, that those outcomes had resulted in the termination of pregnant employees for being
unmarried; the denial of insurance coverage for legal reproductive health services; refusals
to discharge prescriptions for contraception and the impeding of the ability to obtain legal
abortion services, and the denial of health services and treatment to LGBT+ persons.
26
27
28
29
30
31
32
33
34
10
See communication EGY 17/2017.
See communication GEO 1/2019.
See communication IDN 2/2019.
See communication PHL 6/2019.
See communication KOR 1/2018.
Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), paras. 14, 43
and 60; Committee on the Rights of the Child, general comment No. 15, para. 69; and A/HRC/32/44.
Human Rights Committee, general comment No. 36 (2019) on the right to life, para. 8.
On the human rights obligations of private businesses that provide services traditionally provided by
the public sector, see Committee on Economic, Social and Cultural Rights, general comment No. 24
(2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights
in the context of business activities, para. 21.
See www.opendemocracy.net/en/5050/evangelicals-south-africa-broadcasting-hate-masked-asmorality/.