A/HRC/58/49 Outside places of deprivation of liberty (k) To address the discrimination and insecurity faced by persons and communities due to their religion or belief – especially where this is directed, condoned, instigated or inadequately addressed by State authorities and/or is systematic and institutionalized – and take preventive steps to abate the discrimination, threats and violence against them. Timely responses and due diligence are required by the State authorities for the prevention of coercion and ill-treatment, and for the provision of effective remedies to victims; (l) To ensure the return of the bodies of deceased persons to their families, in a timely fashion and respecting their dignity, so that they can be buried in accordance with the rites and customs of their religion or belief and to uphold respect for, and the protection of, cemeteries; (m) To follow up to ensure that courts and supervisory bodies take careful note of the evidence provided by family members in relation to religion or belief, in order to seek to better recognize the pain suffered by loved ones who have been denied the right to observe their beliefs in relation to the deceased; Within places of deprivation of liberty (n) To ensure that detainees, including women and juveniles, can satisfy the needs of their religious and spiritual life, in particular by attending the services or meetings provided or by conducting their own services, and have possession of the necessary books or items of religious observance and instruction. 86. Where a detention facility contains sufficient numbers of persons of a given religion, the Special Rapporteur recommends that qualified representatives of that religion be allowed to hold regular services and to pay pastoral visits in private to detainees at their request. Everyone should have the right to receive visits from a qualified representative of the religion of their choice, as well as the right not to participate in religious services and freely to decline religious education, counselling or indoctrination. 87. The Special Rapporteur calls upon regional human rights entities: (a) To review their norms (including relevant guidelines), and understanding of those norms, regarding the prohibition of torture and ill-treatment and freedom of religion or belief, including recognition of aggravated forms of torture or ill-treatment tailored to degrade people based on their actual or perceived religion or belief and practices; (b) To provide appropriate training opportunities to allow for a better understanding of how these rights may be violated inside and outside places of deprivation of liberty, and how the rights may be related and aggravate each other; (c) To examine cases regarding the prohibition of torture and ill-treatment and freedom of religion or belief that have been prosecuted and remedied, and related cases where they have not, with a view to obtaining a better understanding of any protection gaps; (d) To further emphasize and reinforce the positive obligations of States with regard to preventing violations of the prohibition of torture and ill-treatment and to freedom of religion or belief; 88. The Special Rapporteur calls upon ombudsperson institutions, national human rights institutions, national preventive mechanisms and other independent authorities: (a) To examine national laws and legislation to ensure precision and scope, according to international human rights norms, regarding both the prohibition of torture and ill-treatment and freedom of religion or belief, and to make recommendations in this regard; (b) To conduct inquiries into the activities of different government authorities regarding respect for both sets of rights, both within places of deprivation of liberty and GE.24-24412 17

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