A/HRC/37/49
76.
All States, regardless of their relationship with religion, face challenges in the
field of human rights. However, aspects of two such relationships discussed in the
present report appear highly incompatible with the range of States’ obligations to
uphold freedom of religion or belief. These include those of “religious States” and
those with a negative view of religion’s role in public life. The extent to which States
support an official religion, the degree to which they enforce that religion and the
extent to which they control, regulate and restrict the religion pose significant
implications for States’ disposition to promote and protect freedom of religion or
belief. On the other hand, States with a negative view of religion tend to impose
restrictions on all religion, including those held by the majority of persons under their
jurisdiction. Ironically, even though they represent polar opposite models in terms of
support for the role of religion in public life, States that “heavenly enforce” and those
that “heavily restrict” religion are both motivated to establish a monopoly for their
ideologies and, as such, often require force and generally involve discrimination
against those that do not share their views.
77.
States that enforce its official religion have very high levels of restrictions on
freedom of religion or belief and often discriminate against persons belonging to
religious minorities, women, lesbian, gay, bisexual, transgender and intersex persons,
converts or apostates and non-believers. States with a negative view of religion have
equally high levels of restrictions on freedom of religion or belief for any individual
manifesting another belief contrary to State atheism. In both cases, the nexus of other
interdependent and mutually reinforcing rights is invariably violated too, such as
freedoms of opinion, expression, peaceful assembly and association. Thus, in these
models, even persons belonging to the numerically majority religion may be subject to
repression and persecution.
78.
States that have preferences towards religion(s) frequently engage in practices
that unduly restrict people’s freedom of religion or belief, in particular religious or
belief minorities who may be singled out and discriminated against, as a result of a de
facto or de jure “hierarchy of religions”. Those that are preferred by the State
generally have a historical presence in the country and the preferential recognition
accorded to them may be motivated by a desire to include also religious minorities in
nation-building. However, this is often accompanied by discrimination against newer
religions, including burdensome requirements for registration, along with denial of
recognition, or attempts to maintain interreligious harmony through laws that
proscribe religious offence or in other ways privilege the religious collective over
individual rights.
79.
States that have no identification to religion, being numerically the largest of
the three categories, encompass a broad range and diversity of States. The hallmark
of this category of States is the stance of treating all religious communities on an equal
basis, although they range from those that are more positively inclined towards the
role of religion in society to those who seek to privatize religious practice. While many
States in this model are predisposed to respect freedom of religion or belief, there are
also many challenges, including that of management of conflicts between different
human rights. Where there is a high degree of convergence between social values and
religious practices, there are fewer clashes between religious freedom and other
human rights. However, where there is a plurality of social values, difference-blind
policies might de facto create a hierarchy of rights where laws of general effect impose
disproportionate burdens on religious minorities, unless there is reasonable
accommodation.
80.
While these three broad categories serve a useful analytical function, there are
also important distinctions. States with “mild” forms of establishment, i.e. where the
attachment is symbolic and shorn of any policy or legal significance, seem to have
more in common with some versions of the non-identification model, especially where
there are strong commitments to equality and non-discrimination, while at the same
time recognizing the positive role that religions and beliefs play in society. Likewise,
those in the non-identification category, especially those that privilege doctrinal
secularism over religious concerns, and pursue difference-blind policies, risk violating
17