A/HRC/13/40/Add.3 number of complaints from high school students who had not been allowed by the school authorities to wear headscarves in schools. The Acting Ombudsperson concluded, inter alia, that they were discriminated on the basis of their religion or belief and underlined that their fundamental right to exercise their religion was protected by human rights standards. In addition, two women in Prizren complained that they applied for teaching positions in secondary schools but were not hired based on their religious convictions and the fact that they wore headscarves. 60. With regard to the issue of wearing religious symbols, especially in public schools, the Special Rapporteur would like to emphasize that each case has to be decided according to its own circumstances. For an analysis of the applicable legal framework and international case law, the Special Rapporteur would like to refer to her report to the 62nd session of the Commission on Human Rights (E/CN.4/2006/5, paras. 36-60). She would like to reiterate that freedom of religion or belief may be invoked both in terms of the positive freedom of persons who wish to wear or display a religious symbol and in terms of the negative freedom of persons who do not wish to be confronted with or coerced into it. 61. On the one hand, the right to education of pupils who have been expelled for wearing religious symbols and also the rights of parents or legal guardians to organize life within the family in accordance with their religion or belief may be at stake. On the other hand, the authorities may invoke the denominational neutrality of the school system and the desire to preserve religious harmony in schools. However, any limitation must be based on the grounds of public safety, order, health, or morals, or the fundamental rights and freedoms of others; respond to a pressing public or social need; pursue a legitimate aim; and be proportionate to that aim. 3. Intra-religious and inter-religious tensions 62. There are also disturbing indicators about intra-religious tensions within the Islamic community in Kosovo. In this regard, the Special Rapporteur has received reports about extreme forms of religious practices that are thrust upon other members of the community. There were at least three cases where moderate Muslim religious leaders were allegedly threatened and beaten for opposing radical religious approaches advocated by different groups within the Islamic community in Kosovo. The Special Rapporteur would like to reiterate that freedom to manifest ones’ religion or belief may be subject to limitations that are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others. Violence in the name of religion cannot be accepted. She urges the relevant authorities to take all necessary and appropriate action to combat intimidation and coercion motivated by intolerance based on religion or belief, also inside the communities. 63. In addition, inter-religious tensions continue in Kosovo. Members of small Christian minorities reported that they were encountering abuse, threats and violent attacks from some members of different religions, especially with regard to missionary activities. Reportedly, local newspapers and websites had also indicated names and contact details of Christian missionaries, requesting them to stop converting Muslims. Furthermore, the Special Rapporteur is concerned about the vulnerable situation of converts who face problems with the community of their former religion. According to international human rights standards, the right to freedom of thought, conscience and religion also includes the freedom to change one’s religion or belief. The Special Rapporteur would like to emphasize that theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion or belief are protected. 18

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