A/HRC/22/51
3.
Equality and non-discrimination
26.
The preamble to the Universal Declaration links the “inherent dignity” of all
members of the human family to “their equal and inalienable rights”, thus highlighting the
significance of equality as one of the architectural principles of human rights in general.
Equality must always be interpreted in conjunction with the principle of freedom, which
likewise derives from respect for human dignity. Otherwise equality could easily be
mistaken for uniformity or “sameness”, a misunderstanding that sometimes occurs. Such a
misunderstanding, however, could have serious negative implications for the rights of
persons belonging to religious minorities, possibly even exposing them to policies of forced
assimilation. It is important to point out that human rights in general represent the
aspiration to empower human beings – on the basis of equal respect and equal concern for
everyone’s freedom – to develop and pursue their own diverse life plans, to enjoy respect
for their irreplaceable personal biographies, to freely manifest their different religious or
belief-related convictions and to practise their religion or belief alone and in community
with others. Working for the implementation of human rights for everyone on the basis of
equality will make societies more diverse and more pluralistic, including with regard to
religion and belief.
27.
In practical terms, equality primarily requires systematic endeavours to eliminate all
forms of discrimination, including on grounds of religion or belief. Article 2(1) of the 1981
Declaration corroborates this task by stressing that “[n]o one shall be subject to
discrimination by any State, institution, group of persons, or persons on the grounds of
religion or other belief.” Article 3 of the 1981 Declaration sends a clear message by stating
that “discrimination between human beings on the grounds of religion or belief constitutes
an affront to human dignity and a disavowal of the principles of the Charter of the United
Nations […]”.
28.
Combating discrimination on the grounds of religion or belief is obviously a
complex task which implies State obligations at different levels. First, it requires a
consistent policy of non-discrimination within State institutions, including the accessibility
of public positions in administration, public services, police forces, the military and public
health to everyone regardless of their religious or belief orientations. If persons belonging
to religious minorities suffer from a long history of exclusion from public institutions, it
may be necessary to adopt special measures to encourage members of those minorities to
apply for public positions, and to promote their opportunities. Furthermore, States should
combat discriminatory practices in labour and housing markets, the media, welfare systems,
etc. This requires promotional activities that go beyond policies of non-discrimination, such
as positive outreach and promotional measures on behalf of minorities. Finally, States
should critically address the root causes of societal discrimination, including existing
stereotypes and prejudices against members of religious minorities; and should foster a
general climate of societal openness and tolerance, for example by providing fair
information about different religious or belief traditions as part of the school curriculum,
facilitating encounters between people from different denominations, and encouraging
interreligious communication.
29.
Besides problems of direct and open discrimination, members of religious minorities
may also suffer from hidden forms of discrimination, such as structural or indirect
discrimination. For instance, seemingly neutral rules relating to dress codes in schools or
other public institutions, although not openly targeting a specific community, can amount to
discrimination against persons belonging to a religious minority who feel religiously
obliged to obey a particular dress code. Similar problems can occur with regard to dietary
rules, public holidays, labour regulations, public health norms and other issues. It may be
the case that large parts of the population are not even aware of the possibly adverse
implications that prima facie neutral rules may have on the rights of persons belonging to
8