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penal code. The Court ruled that since she did not have a personal residence, she
should reside in a rehabilitation centre for at least eight months to ensure her physical
and mental integrity.
207.
The Government informed that the allegations of torture or ill-treatment were
categorically denied. It also state d that the Special Rapporteur on freedom of religion
or belief should not send urgent appeals that were irrelevant to her mandate.
Observations
208.
The Special Rapporteur is grateful for the Government’s responses to some
of her communications. However, she regrets that some of the responses were only
partial and hopes to receive further information as soon as possible.
209.
The Special Rapporteur remains particularly concerned about the continued
persecution of members of the Bahá'í community and would in this respect like to
reiterate her support for the recommendations made by the Committee on the
Elimination of Racial Discrimination in its most recent concluding observations
(CERD/C/63/CO/6, para. 14).
210.
Additionally she would like to draw the Government’s attention to paragraph
9 of General Comment 22 of the Human Rights Committee which provides that, “the
fact t hat a religion is recognized a State religion or that it is established as official or
traditional or that its followers comprise the majority of the population, shall not
result in any impairment of the enjoyment of any of the rights under the Covenant,
including articles 18 and 27, nor in any discrimination against adherents to other
religions or non-believers ”. Furthermore paragraph 21 of General Comment 28 of the
Human Rights Committee provides that State parties must take measures to ensure
that freedom of thought, conscience and religion will be guaranteed and protected in
law and practice for both men and women, on the same terms and without
discrimination. Article 18 may not be relied upon to justify discrimination against
women by reference to freedom of thought, conscience and religion.
Iraq
Communication sent on 7 October 2005
211. The Special Rapporteur wanted to raise her concerns over the situation of
women in the context of religious norms and traditions. This topic was the subject of
an allegation letter sent by the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, Special Rapporteur on the question of
torture, Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, Special Rapporteur on the sale of
children, child prostitution and child pornography, Special Rapporteur on violence
against women, its causes and consequences and Special Representative of the
Secretary-General on the situation of human rights defenders on 30 September 2005.
212. Women and girls, including non-Muslims, were believed to be increasingly
under pressure, often violent, to wear a veil or headscarf and to wear the traditional