A/HRC/43/48
High Commissioner for Human Rights in Geneva and in Tunisia, and officers from several
United Nations agencies, including the Joint United Nations Programme on HIV/AIDS, the
United Nations Population Fund, the United Nations Entity for Gender Equality and the
Empowerment of Women, and the World Health Organization. The Special Rapporteur is
grateful to those who participated in the consultations for taking the time to travel great
distances – at times at peril to their security – in order to engage with him.
12.
The Special Rapporteur also invited civil society, faith-based actors and other
stakeholders to submit information about laws, policies and activities affecting the right to
freedom of religion or belief for women, girls and LGBT+ persons, as well as information
about the intersection of freedom of religion or belief and other rights. Dozens of reports and
studies were submitted by monitors, researchers and rights organizations.
IV. Key findings
13.
The Special Rapporteur has received a great deal of information alleging that women,
girls and LGBT+ persons have experienced gender-specific violence and discrimination that
impedes their ability to fully enjoy their human rights – including the right to freedom of
religion or belief – by State and non-State actors relying on religious “justifications” for their
actions. Additionally, civil society and faith-based actors who engaged in a series of
consultations for the present report highlighted the varied ways in which women, girls and
LGBT+ persons were denied equal personhood in both the private and the public spheres in
States where interpretations of religious doctrine that promote gender-based violence and
discrimination were enforced through law and policy.
14.
To date, much attention regarding gender-based discrimination in the name of religion
or belief has focused on practices such as female genital mutilation, marital rape, early and
forced marriage, and polygamy, all of which are rightly condemned as harmful traditional
practices by the human rights community. At the same time, consultation participants across
four regions also noted the increasing use of religion or belief to deny reproductive health
and sexual rights, to criminalize protected conduct and deny the equal personhood of LGBT+
persons, or to undermine the right to freedom of religion or belief to women, girls and LGBT+
persons.
15.
The Special Rapporteur shares the concern expressed by other United Nations human
rights mechanisms about legislation in force in many countries that imposes standards of
conduct allegedly prescribed by a religion or belief on the entire society and that have the
effect of discriminating against women, girls and LGBT+ persons. Through the consultations
held in preparing the present report, a number of additional such cases were identified and
the Special Rapporteur’s attention was drawn to the significant role of religious actors and
groups in mobilizing Governments to adopt such legislation.
A.
1.
Gender-based violence and discrimination resulting from State laws
and policies that are grounded in religious “justifications”
Reservations
16.
Many States have submitted reservations to provisions of international human rights
treaties that protect rights that advance gender equality, often asserting that, in the event of a
conflict between national laws that are informed by religious teachings and obligations under
the human rights treaty, the legally protected religious norms prevail (A/HRC/37/49, para.
41; and A/HRC/29/40). A significant number of such religiously grounded reservations are
contrary to the object and purpose of the relevant treaties and invalid under international law.
Among States that have adopted such reservations, many also impose significant restrictions
on freedom of religion or belief and often discriminate against persons belonging to religious
minorities, converts or apostates and non-believers, as well as women, girls and LGBT+
persons.
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