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belief groups should never be politicized for purposes of identity politics, as this may
have detrimental effects on the situation of individuals from minority communities.
87.
States are reminded of their obligation to provide protection to refugees and
migrants, regardless of their specific religion or belief. The pretext that refugees and
migrants would erode the traditional religious make-up of a country amounts to a
“territorialization” of religion, which violates the spirit and the letter of the universal
right to freedom of religion or belief. States should also reform family law and
personal status law provisions that may amount to de jure or de facto discrimination
against persons belonging to religious or belief minorities, for example in inheritance
and custody matters. States should establish a policy of public symbolic actions by
which they send a clear message that religious or belief minorities are part of the
larger society. An example of such symbolic presence is the participation of political
representatives in ceremonies held by minorities.
88.
Respect for freedom of religion or belief is closely related to the degree of
tolerance and respect for diversity within a society. The Special Rapporteur would
like to reiterate the recommendations made by his predecessors on encouraging States
to facilitate interfaith communication and to invest in both religious literacy and
religious freedom literacy.
89.
Finally, the Special Rapporteur would like to reiterate commitment IV of the
“Faith for Rights” framework, which warns against the use of the notion of “State
religion” to discriminate against any individual or group as well as against the use of
“doctrinal secularism”, which risks reducing the space for religious or belief pluralism
in practice.40 He stresses that States must satisfy a range of obligations, including to
adopt measures that guarantee structural equality and to fully realize freedom of
religion or belief. In the light of these obligations, the Special Rapporteur echoes the
importance of adopting a model for the relationship between State and religion that is
in harmony with the concept of “respectful distancing” — i.e. political and legal, but
not social, disentanglement from religion — which rests on a “deep grounding of
secularity based on human rights”. Such a model ensures “that the State does not
resort to religious exclusivity or bias in culture, identity, schooling, or even symbolism
for short-term ends and for vested interests, but will continually strive to create spaces
of inclusiveness for all as an active and ongoing endeavour”.41
40
41
See www.ohchr.org/Documents/Press/Faith4Rights.pdf.
See Bielefeldt, Ghanea and Wiener, Freedom of Religion or Belief (footnote 15), pp. 355–359.
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