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of human rights and fundamental freedoms on an equal basis". Article 3
strengthens the impact of this prohibition of discrimination on the grounds of
religion or belief by considering this discrimination to be "an affront to
human dignity and a disavowal of the principles of the Charter ...", and
"an obstacle to friendly and peaceful relations between nations".
60. Notwithstanding these provisions, a study of the information and
documents transmitted to the Special Rapporteur discloses many instances of
discrimination based on religion or belief. This discrimination, which may
assume varying degrees of gravity, occurs in a variety of areas, such as those
of civil and political rights (the administration of justice, the right to
vote, etc.) or of economic, social and cultural rights (employment, health,
housing, education, inter alia).
61. In the area of civil and political rights, certain cases reveal serious
infringements of the principle of non-discrimination. In one country, the
followers of a faith that is prohibited are denied the fundamental right to
legal protection and the right of appeal. Thus, in several cases, the courts
of this country, while explicitly recognizing that offences had been
perpetrated against members of the outlawed community, stipulated that the
victims were "infidels", having no right to the protection provided by the
religious law of the country and that, in consequence, no compensation would
be awarded to their families. With regard to another country, serious doubts
have been expressed as to the objectivity and the conditions in which
proceedings took place that were instituted against several members of a
religious community decreed to be unlawful, and which in several cases
concluded by awarding death sentences. In another country, the evidence
reveals the special indulgence shown by the authorities to those alleged to be
guilty of murder and other exactions vis-à-vis members of a religious
minority. Finally, in several countries, the right to participation in public
affairs is brought into question owing to the fact that the profession of one
religion excludes its followers from predominant political party, admission to
which is a requirement for any position in the public sector.
62. The enjoyment of economic, social and cultural rights may also give rise
to discrimination based on religion and belief.
63. In the area of employment, there may be varying degrees of
discrimination. In one country, the trade union federation has criticized the
fact that one of the provisions of the legislation on the protection of
workers and the environment in the place of work was so drafted that employers
may question job-seekers about their religious opinions inter alia, when such
opinions have no bearing on the skills needed for a specific job. While the
reservations of the unions, in their concern to avoid any possibility of
discrimination, are understandable, it is also obvious that, in other
countries, the situation in respect of discrimination based on religion or
other beliefs is definitely more disturbing. On occasion, membership of a
religious community may jeopardize chances of promotion and social and
professional success; in other cases, particularly gruelling and punishing
work is reserved for the members of one religious minority; elsewhere the
boycott of shops owned by the members of a religious minority was initiated by
a governmental instruction. Finally, in some cases the very possibility of
obtaining employment is jeopardized for reasons of religion. For example, in
one particular country, the Government required private employers to dismiss
employees belonging to a certain sect and instructed certain administrative