pursue their economic, social and cultural development’. The HRC asks states to: ‘describe the constitutional and political processes which in practice allow the exercise of this right’. This emphasis on democratic governance may be important for minorities living in areas where local selfadministration or autonomy could be legitimately claimed as a special measure for achieving equal enjoyment in the fields of cultural, economic and political rights, for example. Non-discrimination Equal enjoyment and non-discrimination are set out in various articles of the ICCPR, most notably in Articles 2, 14, 20 and 26. In General Comment no. 18 on nondiscrimination, the HRC has defined the term ‘discrimination’ as follows: ‘Discrimination as used in the Covenant should be understood to imply any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.’ 18 It is important to note that equal enjoyment of rights and freedoms does not necessarily mean identical treatment in all cases and in every instance. Differentiation is required or allowed as a means of creating equal opportunities for a disadvantaged group when compared with the rights enjoyed by the majority of the population. Such special measures, also referred to as affirmative action or special treatment, are not to be regarded as privileges if they have a limited duration and serve the purpose of redressing conditions of inequality.19 The prohibition of discrimination applies to all individuals living in a state. According to the HRC, the scope of the discrimination clause in Article 26 not only embraces the rights protected in this particular Covenant, but all rights which the state confers by law on all individuals living within its jurisdiction. Article 26 thus prohibits discrimination in any field, in law or in fact, in the civil, cultural, economic, political20 and social sectors, which is subject to regulation and protection by state authorities. When a state enacts legislation, it must be in accordance with Article 26; that is, the content of the law must not discriminate in any way between persons who come within the jurisdiction of that state. well as non-believers. In General Comment no. 22, the HRC emphasized that the Article is not limited to socalled traditional religions, and the committee is concerned with: ‘any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established or represent religious minorities that may be the subject of hostilities on the part of a predominant religious community’.21 Article 18, paragraph 3, of the ICCPR permits limitations on the right to freedom to exercise one’s religion or belief if such limitations are: ‘prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others’. The HRC states clearly that this provision must be interpreted strictly. Any limitation must be in accordance with the rights guaranteed in the Covenant, such as equal opportunities and non-discrimination. Furthermore, limitations must be applied only for specific, legitimate purposes, and they must be proportional to the need on which they are based. The HRC acknowledges that there are difficulties related to the definition of morals, which will vary with different social, religious and philosophical traditions, but the concept of morals must not be based exclusively on a single tradition. The HRC lays stress on the prohibition of discrimination against religious minorities, including non-believers, whether in the form of economic or political privileges for followers of the majority religion, the imposition of restrictions on the practice of non-dominant faiths, or otherwise. The HRC urges states to include in their reports to the committee information on measures undertaken to protect all religions or beliefs, and especially on the protection of religious minorities. The HRC also wants states to submit: ‘information relating to practices considered by their laws and jurisprudence to be punishable as blasphemous’. Prohibition of incitement to racial hatred According to the HRC, the scope of Article 18 on the freedom of religion is very wide. It protects believers as Article 20, paragraph 2, of the ICCPR states that: ‘any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law’. According to General Comment no. 11 of the HRC, this prohibition is fully compatible with the right to freedom of expression.22 The committee stresses the need for effective implementation of this Article and urges states to adopt laws clearly proclaiming that propaganda and advocacy of national, racial or religious hatred are: ‘contrary to public policy’. States parties to the Covenant must also provide effective sanctions against perpetrators of such acts. 18 MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS Freedom of religion