A/HRC/10/8 page 15 formal (de jure) and actual (de facto) discrimination. Both concepts are obviously closely linked. While de jure discrimination refers to discrimination enshrined in laws, de facto discrimination pertains to the effects of laws, policies or practices. It entails that de jure discrimination should be eradicated immediately, as this can be done by amending or repealing the discriminatory legislation. When faced with de facto discrimination, States should immediately adopt measures that are likely to lead to its elimination as soon as possible. 38. In addition to the above, reference should also be made to the concepts of direct and indirect discrimination based on religion or belief. A law, policy or practice creates direct discrimination when a difference in treatment, which cannot be justified objectively, is expressly based on a person’s religion or belief. Indirect discrimination stems from a law, policy or practice that does not appear at first sight to involve inequalities but which inevitably leads to inequalities when implemented. Since indirect discrimination may also exist without intention from the perpetrator, it may be more difficult to detect and prove than direct discrimination. However, once indirect discrimination has been identified, States should adopt appropriate measures in order to remedy the situation as soon as possible. 39. Even in cases where there is no intention on the part of the State to discriminate against members of a certain religious or belief community, or where there is no de jure discrimination in national legislation, there may yet exist religious differentials in the enjoyment of economic, social and cultural rights. Access to basic services like education and health care or access to employment may therefore differ when comparing various religious communities or, more generally, socio-economic groups of individuals that may be closely linked to certain religious or belief communities. Where there is discrimination, be it de jure or de facto and direct or indirect, States should address existing or emerging imbalances in line with article 4 of the Declaration on the Elimination of Intolerance and Discrimination. Consequently, in-depth studies and analyses on the socio-economic situation of particular religious communities are vital for States to take adequate measures. B. Examples from mandate practice 40. In order to illustrate the adverse impact of discrimination based on religion or belief on the enjoyment of economic, social and cultural rights, the Special Rapporteur highlights some of the recurrent issues encountered in the mandate practice, both in communications with Governments and during country visits. She has therefore selected a number of examples in order to show how various economic, social and cultural rights as enshrined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights have been denied to certain individuals or groups of individuals based on their religion or belief. She also refers to other United Nations human rights mechanisms, such as treaty bodies and special procedures, which have addressed these issues within their mandates. 1. Right to work 41. The Special Rapporteur deplores that members of certain religious or belief groups are often denied access to employment or have faced obstacles, both in Government institutions and in private companies. For instance, during a recent country visit, she received information that members of certain religious minorities had been summoned by the authorities and pressured to leave their jobs in State institutions (A/HRC/10/8/Add.4, para. 21). During another country visit,

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