A/78/207
36. Health care is also profoundly interconnected with a range of human rights,
including the right to freedom of religion or belief. Religious or belief minorities and
indigenous peoples may experience obstacles in gaining access to health care arising
from discriminatory budgeting, a resulting lack of infrastructure and care facilities
and/or prejudice among health-care providers and affecting the quality of care that
they receive. 33 Pastoral services may also be denied or unavailable to certain religion
or belief groups. 34 Particular care is needed in mental health settings to ensure that
there is no prejudicial application of existing criteria for intervening in the forum
internum in psychiatric care through technologies and treatments. 35
37. Religiously motivated policies of or actions by authorities, health -care providers
or medical professionals, such as “conscientious objection”, may affect access for
individuals on the basis of their perceived gender identity or sexual orientation. 36
Autonomy of religious institutions and conscientious objection are highly important
aspects of freedom of religion or belief, but they are not absolute. States must ensure
that health-care services are provided in a non-discriminatory manner and that access
to sexual and reproductive care is upheld. 37
38. In the sphere of employment, access to work in public service is, at times, denied
outright to adherents of minority religions or beliefs; at other times, dangerous and
poorly paid jobs are reportedly advertised by State authorities as being available only
to persons of minority religions. 38 This situation not only exposes marginalized
groups to precarious work, but also contributes to their ongoing stigmatization.
39. The prohibition of discrimination on grounds of religion or belief with regard
to economic, social and cultural rights as underlined in numerous general comments
of the Committee on Economic, Social and Cultural Rights 39 must be upheld. The
Human Rights Committee has also emphasized that even the recognition of a State
religion should not result in “any impairment of the enjoyment of any of the rights
under the Covenant”, nor in “any discrimination against adherents of other religions
or non-believers”. 40
40. States are under an immediate obligation to eliminate discrimination based on
religion or belief in the realization of economic, social and cultural rights and should
recognize their positive obligations in that sphere.
E.
Law enforcement and public prosecutors
41. Law enforcement officials and public prosecutors are often the first recourse for
individuals subjected to violence, harassment, intimidation or other criminal acts
based on their actual or perceived religion or belief. Law enforcement officials must
take positive steps to protect individuals or groups from such acts and to identify and
__________________
33
34
35
36
37
38
39
40
23-14116
Marie Juul Petersen “Freedom of religion or belief and health”, Leaving No One Behind Briefing
Paper No. 2 (Danish Institute of Human Rights, September 2021), p. 6; and World Health
Organization, Social Determinants Approaches to Public Health: From Concept to Practice, Erik
Blas, Johannes Sommerfeld and Anand Sivasankara Kurup, eds. (Geneva, 2011), p. 17.
Submission provided by Humanists UK.
See A/76/380.
A/HRC/43/48, paras. 43 and 44.
Human Rights Committee, general comment No. 36 (2018), para. 8.
Submissions provided by the Center for Legal Aid Assistance and Settlement and Minority
Rights Group.
General comments No. 12 (1999), para. 18, No. 13 (1999), para. 28, No. 14 (2000), para. 18,
No. 15 (2002), para. 13, No. 16 (2005), paras. 5, 10, and 31, No. 17 (2005), paras. 19 and 33,
No. 19 (2007), para. 29, No. 20 (2009), para. 22, No. 22 (2016), para. 30, No. 23 (2016),
para. 65, and No. 25 (2020), para 25.
General comment No. 22 (1993), para. 9.
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