A/HRC/37/49 31. To realize this right, States must also guarantee equal protection under the law, especially within the scope of articles 5 and 20 (2) and as specifically mandated by article 26 of the Covenant. Any interference with the right to manifest one’s religion or belief must be limited to the exhaustive grounds specified by article 18 (3), but in every case while ensuring the freedom of thought, conscience and religion or belief for everyone on the basis of equality and non-discrimination. No State, group or person may engage in any activity aimed at the destruction of any rights and freedoms enshrined in the Covenant (art. 5). 32. The work of treaty bodies and the mandate of the Special Rapporteur shows not only that understandings of how these rights are realized have evolved in the past three decades, such as in the case of “reasonable accommodation”, but also the diversity of ways in which the realization of these rights might be impeded. Moreover, communications and reports produced by the mandate holder reveal that all aspects of freedom of religion or belief have been challenged, although some more frequently than others, especially in contexts where the State imposes a particular ideology related to religion or belief. Increasingly, this work also illustrates that the violation of the right of freedom of religion or belief by non-State actors is usually more widespread in contexts where the State fails to extend equal protections to all. 2. Realizing full equality and non-discrimination 33. A State’s motives for perpetuating unlawful discrimination are often informed by the nature of its relationship with a particular religion or its espousal of a particular ideological position vis-à-vis religion. As noted by the Special Rapporteur in his previous reports,13 freedom of religion or belief and the right to equality/non-discrimination are inextricably linked. For this reason, it can be said that “the overarching test” for whether the entanglements between State and religion are prone to perpetuating rights violations is their resulting propensity for promoting non-discrimination “in the equal enjoyment of all human rights by all”.14 34. Key indicators of a State’s disposition to promote non-discrimination include how it “addresses women’s rights, minority rights, criminal punishments, neutrality in education, neutrality in resolving disputes between and within various religious or belief communities, and public manifestations of freedom of religion or belief”. 15 Where a State explicitly associates itself with particular religion(s) or truth claim(s), members of unaffiliated groups invariably suffer various forms of discrimination — including direct, indirect, or both — which have a negative impact on their ability to exercise their freedom of religion or belief.16 A State must, therefore, ensure that the “purpose” or “effect” of its entanglement with religion does not lead to “the nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis”.17 35. States must first impose sanctions for any discrimination on the basis of religion or belief when it comes to the exercise of enumerated rights enshrined in a number of human rights instruments in order to fully realize freedom of religion or belief. Moreover, Article 26 of the Covenant provides a freestanding right to equal protection under the law, which can be invoked regardless of whether the right (or benefit) in question is one that is enumerated. As already noted, in States where ethnic, religious or linguistic minorities exist, these persons “shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language”. 18 While differential treatment between different groups by States (including based on religion or belief) may not always amount to unlawful discrimination if the criteria for such differentiation are reasonable and objective, the burden is always on the 13 14 15 16 17 18 See A/HRC/34/50, para. 31; and A/72/365, para. 46. Heiner Bielefeldt, Nazila Ghanea and Michael Wiener, Freedom of Religion or Belief: An International Law Commentary (Oxford University Press, 2016), p. 351. Ibid. See A/HRC/19/60, para. 62; A/67/303, para. 47; and A/HRC/34/50, para. 32. See article 2 (2) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. See article 27 of the Covenant. 9