A/75/385
interference in the ability of a person or a group of persons to practice or hold beliefs;
equally, the right requires States to ensure that individuals or communities do not
experience discrimination in the enjoyment of human rights on the basis of, or in the
name of, religion or belief.172
76.
The 2030 Agenda’s commitment to leave no one behind cannot be achieved
without addressing discrimination and exclusion based on religion or belief. In addition
to implicating wrongful restrictions on a person’s or community’s freedom to practice
their religion or belief, the elimination of all forms of discrimination on the basis of
religion or belief involves examining entire legal, economic, social and political
structures that produce inequality gaps in the enjoyment of myriad human rights.
77.
In order to identify the source, scope and multiple impacts of discrimination it is
important to scrutinize the State’s legislative and institutional frameworks, policies and
practices, and hierarchies of opportunities and the material realities of rights-holders’
lives. The Special Rapporteur’s proposed illustrative indicators framework pays
particular attention to multiple and intersectional forms of discrimination experienced
by religious or belief minorities who all too often are not part of human rights and
development monitoring efforts. Building on existing frameworks of analysis, including
that of the SDGs and the OHCHR Human Rights Indicators Toolkit,173 the Special
Rapporteur offers a set of indicators that seem most appropriate for the targets in
question as it pertains to religious or belief minorities.
78.
The development of human rights indicators is an ongoing endeavour –
policymakers, State actors and civil society should adapt the Special Rapporteur’s
proffered indicator framework to the specific contexts in which they work. Such
adapted indicators should be explicitly derived from human rights standards and
principles with a view to holding duty-bearers accountable for respecting human rights.
It is also important that indicators go beyond assessing restrictions on the manifestation
of religion or belief to assess the impact of laws, policies and other actions and omissions
on horizontal inequalities between groups in the enjoyment of other human rights
including health, education, access to justice and freedom from violence. Thus, the
identification of indicators both requires and facilitates a careful delineation of the
normative attributes of freedom of religion or belief.
79.
The indicators framework includes qualitative and quantitative benchmarks
that, if achieved, evidence national level implementation of SDG goals and targets. In
this way, indicators provide substantive information about the content and scope of the
SDGs for both policymakers and civil society to inspire advocacy, action and
accountability.
VIII. Recommendations
80.
In light of the preceding analysis, the Special Rapporteur recommends States to:
(a)
Repeal all laws that undermine the exercise of the human right to freedom
of religion or belief, including the withdrawal of reservations to international human
rights treaties that are inconsistent with freedom of religion or belief. Particular
attention should be paid to upholding the obligation to protect the rights of members of
religious or belief minorities, as well as those of women, children, members of the
LGBT+ community and others in vulnerable situations, such as migrants, refugees and
internally displaced persons;
(b)
Introduce into the context of policymaking, the principles of universality,
non-discrimination and equality, the methodology of participatory decision-making,
the duty of accountability and the recognition of the interdependence of rights
172
173
See, A/HRC/37/49, para. 37; 1992 Minorities Declaration.
Office of the High Commissioner for Human Rights, Human Rights Indicators: A Guide to
Measurement and Implementation (2012).
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