E/CN.4/2006/5
page 12
kirpans as well as followers of Bhagwan (Osho) wearing reddish-coloured clothing. There are
different levels of regulation or prohibition on the wearing of religious symbols including
constitutional provisions, legislative acts at the national level, regulations and mandatory
directives of regional or local authorities, rules in public or private organizations or institutions
(e.g. school rules) and court judgements. The intensity of possible adverse effects for individuals
who do not abide by the regulations or prohibitions also depends on the respective field of
application. Pupils in primary and secondary schools run the risk of being expelled from the
public school system, whereas teachers are in danger of reprimands, suspension and, ultimately,
dismissal from their jobs. At the university level, students also run the risk of being expelled or
of not being awarded their degrees unless they abide by prescriptions concerning religious
symbols. University lecturers are likely not to be employed in the first place. In the work
environment in general there is a risk of reprimands, suspension and dismissal directly connected
to the wearing of religious symbols. This may affect both employees in private enterprises and
civil servants, as well as members of Parliament and military personnel. When certain dress
codes are applicable for ID photographs, e.g. on permanent resident cards, visas, passports and
driving licences, individuals run the risk of not receiving the official ID or of being forced to
wear the required head covering on ID photographs for deportation purposes. In public,
individuals may either be prevented (positive aspect of freedom of religion or belief) or coerced
to wear religious symbols that they consider not essential to their convictions (negative freedom
of religion or belief).
38.
The obligation to wear religious dress in public in certain countries was particularly
criticized by Special Rapporteur Amor, who stated that “women are among those who suffer
most because of severe restrictions on their education and employment, and the obligation to
wear what is described as Islamic dress” (E/CN.4/1998/6, para. 60). There were reports of
punishment by whipping and/or a fine (A/51/542/Add.2, para. 51) and a growing number of
women being attacked in the streets (E/CN.4/2003/66/Add.1, para. 59), or even killed after being
threatened for failing to wear religious symbols (E/CN.4/1995/91, p. 36). After in situ visits,
Special Rapporteur Amor addressed possible solutions by urging that dress should not be the
subject of political regulation and by calling for flexible and tolerant attitudes in this regard. At
the same time he emphasized that traditions and customs were worthy of respect
(E/CN.4/1996/95/Add.2, para. 97 and A/51/542/Add.2, para. 140). In his thematic studies he
also referred to the different possible meanings of religious symbols (E/CN.4/2002/73/Add.2,
paras. 101-102) and in particular to the situation of pupils in the public school system
(A/CONF.189/PC.2/22, paras. 56-59).
39.
Furthermore, in resolution 1464 (2005) on “Women and religion in Europe”, the
Parliamentary Assembly of the Council of Europe has recently called on its member States to
“ensure that freedom of religion and respect for culture and tradition are not accepted as pretexts
to justify violations of women’s rights, including when underage girls are forced to submit to
religious codes (including dress codes)”.3
B. Legal framework at the international level
40.
As mentioned in the Special Rapporteur’s previous annual report (E/CN.4/2005/61,
para. 65), most international judicial or quasi-judicial bodies consider the display of religious