A/78/207
of the principle of non-refoulement. 52 Mandate holders have drawn attention to
helpful resources available to States to ensure that the freedom of religion or belief
of persons deprived of their liberty is respected. 53
46. States must take reasonable measures to ensure that persons belonging to
religious or belief minorities who are deprived of their liberty have access, on an
equitable basis, to pastoral services. Although often denied, such services provide an
extremely important source of support and solace. 54
47. Law enforcement officials and public prosecutors must protect individuals and
groups from violence and discrimination based on religion or belief and refrain from
engaging in such acts. They must facilitate the enjoyment of freedom of religion or
belief through, inter alia, ensuring that such violence and discrimination is prevented
and, where it could not be, through ensuring prompt, thorough and effective
investigation and prosecution, while respecting the rights of survivors and victims.
Religious or belief discrimination should be considered a potential motive for hate
crimes 55 and investigated effectively. That requires States to ensure literacy in relation
to freedom of religion or belief, including as it relates to indigenous communities,
among law enforcement officials and public prosecutors. It may also necessitate the
creation of specialized units.
48. Places of worship and other sacred sites, including indigenous territory, must be
protected from infringements and attacks in a manner that does not impede their
accessibility to relevant communities. Furthermore, States must address underlying
prejudicial attitudes among law enforcement officials and public p rosecutors with
respect to religious or belief communities, through training and education on freedom
of religion or belief that are designed and implemented in collaboration with religious
or belief communities.
49. The Special Rapporteur will dedicate particular attention to the role of State
authorities responsible for border protection, migration and asylum in a future
thematic report.
F.
Armed forces
50. Respect of freedom of religion or belief by armed forces in situations of armed
conflict is protected under both international human rights law and international
humanitarian law and may constitute customary international law. Armed forces must
respect those standards.
51. Targeting a group on the basis of the religious identity of its members can form
an element of an atrocity crime. 56 Except in cases where they constitute military
objectives, the targeting of religious sites is prohibited under both international
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52
53
54
55
56
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A/60/399, paras. 69–91; E/CN.4/2006/120, paras. 57–65; and A/64/159, paras. 19–21 and 66.
See the Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment; the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules); and Human Rights and Prisons: Manual on Human Rights Training for
Prison Officials (United Nations publication, 2005).
Submission provided by Humanists UK. See also Katie Hunt, “Non-religious prisoners’ unequal
access to pastoral care”, International Journal of Law in Context, vol. 18, No. 1 (March 2022),
p. 118.
Submission by the Office of the Public Defender of Georgia.
Rome Statute of the International Criminal Court, arts. 6 and 7 (1) (h).
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