A/HRC/22/51
III. Protecting the freedom of religion or belief of persons
belonging to religious minorities
A.
Introductory remarks
14.
The vulnerable situation of persons belonging to religious or belief minorities has
attracted increased international attention in recent years. 3 States, civil society
organizations, national human rights institutions, the media and other stakeholders have
expressed their interest in developing strategies for more efficient protection of the rights of
persons belonging to religious minorities worldwide. Such debates have also repeatedly
taken place in United Nations forums, including the General Assembly, the Human Rights
Council and the Forum on Minority Issues.
15.
Although people from all religious or belief backgrounds may be exposed to antiminority victimization when living in a minority situation, certain religious communities
have a particularly long-lasting history of discrimination, harassment and even persecution.
Human rights violations perpetrated against members of religious or belief minorities are
multifaceted in motives and settings while the perpetrators may be States or non-State
actors or both (see III. C. below). These violations account for the need for concerted
action.
16.
Besides the problem of ongoing human rights violations, the issue of the rights of
persons belonging to religious minorities also poses a number of conceptual challenges
which require systematic clarification. Misunderstandings and misperceptions, such as
frequently occur in this field, may have adverse implications for the consistent
conceptualization and implementation of the rights of persons belonging to religious
minorities. Hence, overcoming existing conceptual misunderstandings is not merely an
academic endeavour but has practical relevance.
B.
Conceptual clarifications
1.
The human rights framework in general
17.
The rights of persons belonging to religious or belief minorities should be
consistently understood from a human rights perspective, and must be protected in
conjunction with all other human rights. This clarification, which prima facie may seem
trivial, is necessary since minority issues are often associated with concepts of minority
protection that historically emerged outside of the human rights framework. It seems fair to
acknowledge the historical merits of some of those protection systems in having facilitated
the peaceful coexistence of different communities. However, one should be aware that they
may differ conceptually from the norms and principles of universal human rights.
Nonetheless, components of different forms of minority protection continue to play an
important political role and can even permeate the rhetoric of human rights without always
being conceptually consistent with the human rights-based approach. This is a source of
much confusion with possibly adverse implications for the practical implementation of the
rights of persons belonging to religious minorities.
3
For example, Human Rights Council resolution 19/8 includes nine references to religious minorities,
whereas neither the Universal Declaration of Human Rights nor the 1981 Declaration explicitly
mentions religious minorities.
5