A/HRC/19/60/Add.2
79.
The optional nature of religious instruction in public schools must be ensured
not only de jure but also de facto. Providing effective protection for non-attending
children against possible pressure from school authorities, church officials, other
children or any other party should be a priority. In this regard, effective mechanisms
to ensure that neither children nor parents suffer from negative consequences for
declining to take part in religious instruction are sine qua non conditions.
80.
The Government should speak out clearly against any manifestations of
religious hatred and related intolerance. In accordance with article 20, paragraph 2,
of the International Covenant on Civil and Political Rights, any advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility or
violence should be prohibited.
81.
As stated by the Human Rights Council in its resolution 16/13, the Government
should exercise due diligence to prevent, investigate and punish acts of violence
against persons belonging to religious minorities, regardless of the perpetrator. In
particular, the Government should proactively investigate acts of intimidation or
hostility targeting religious or belief minorities, including in rural areas. The relevant
provisions of the legislative framework should be fully implemented.
82.
Registration of religious or belief communities by the State should be enacted in
a spirit and manner of servicing the human right to freedom of religion or belief.
Therefore, the registration process should be quick, transparent and nondiscriminatory. It should not depend on extensive formal requirements in terms of the
number or the time a particular religious group has existed, nor should it put an
undue burden on communities applying for registration status. No religious or belief
group should be allowed to decide about the registration of another religious or belief
group.
83.
Registration should not be a precondition for practising one’s religion or belief.
The Government should respect the right of members of registered and unregistered
religions to exercise their freedom of religion, and review existing registration
regulations and practices in order to ensure the right of all persons to manifest their
religion or belief, alone or in community with others and in public or in private,
regardless of registration status.
84.
The Government should continue to recognize the right to conscientious
objection in law and in practice, and ensure that the relevant legislation is
implemented in a non-discriminatory manner.
85.
The Government should open up the military for the service of chaplains of
different religions or beliefs.
86.
The Government should be flexible in giving residence and work permits to
non-citizens operating as religious personnel.
87.
The “authorities” of the Transnistrian region of the Republic of Moldova are
additionally urged:
(a)
To similarly review practices giving a privileged place to the Orthodox
Church and related practices leading to de facto discrimination against adherents to
other religions or beliefs;
(b)
As a related matter, to give serious consideration to strengthening rules
and procedures for implementing the principle of equal treatment on all grounds
secured under international law;
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