A/78/207
authorities of the homes and monastic schools associated with religious o r belief
minorities. 25
31. The mandate holder has been made aware of positive examples wherein local
authorities have actively engaged religious and belief communities in urban planning,
leading to clarity concerning their needs for places of worship. 26 That approach is
effective in strengthening inter- and intracommunity collaboration and in upholding
freedom of religion or belief. Representatives of religions or beliefs that are not
recognized, non-believers and newer communities are often overlooked.
32. States must ensure that authorities responsible for land, zoning and tenure act in
a non-discriminatory manner consistent with freedom of religion or belief, regardless
of their level of autonomy. All authorities must facilitate the establishment, prote ction
and activities of places of worship and cemeteries, refrain from the punitive and
discriminatory destruction of homes and provide reparations, just satisfaction and
guarantees of non-repetition to victims and survivors. The Special Rapporteur
strongly encourages States to engage proactively in inclusive dialogue with religious
and belief communities when undertaking urban planning.
D.
Authorities responsible for economic, social and cultural rights
33. Rights holders depend on the authorities for the administration and provision of
social services for fundamental and important aspects of a dignified life (e.g. health
care or education). Discrimination and violations of economic, social and cultural
rights on grounds of religion or belief are rife around the world and have devastating
effects. Discrimination can have the intention, and effect, of structurally denying
groups access to the full enjoyment of their rights and to full participation in public
life. 27
34. Places of education are the sites of many such violations. Access to education
may be discriminatory or may be denied outright on the basis of religion or belief, or
there may be coercion of students of minority religions or beliefs, denial of the right
of parents to ensure the religious or moral education of their children in conformity
with their convictions, the imposition or banning of (often gender-based) religious
dress among students and teachers, 28 discriminatory practices towards students or
teachers based on gender or (actual or perceived) sexual orientation, 29 the imposition
of mandatory instruction in a dominant religious tradition in a manner that neglects
or denigrates other religions or beliefs 30 or the shaping of the curriculum in a manner
contrary to human rights standards. 31
35. Educational institutions have great potential to positively affect the enjoyment
of freedom of religion or belief, not only among students and staff, but in society at
large. The Special Rapporteur encourages States, relevant ministries, educational
authorities and institutions to adopt policies in line with the recommendations of her
predecessors. 32
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26
27
28
29
30
31
32
8/24
OHCHR, communications sent to the Governments of China (CHN 6/2022), India (IND 5/2022)
and the Islamic Republic of Iran (IRN 4/2021).
Submission provided by the International Institute for Religious Freedom.
Human Rights Committee, general comment No. 22 (1993), para. 5.
OHCHR, communications sent to the Governments of India (IND 4/2022), and Yemen (YEM
2/2022) and to the de facto authorities in Yemen (OTH 124/2022).
See A/HRC/53/37; and Inter-American Court of Human Rights, Pavez Pavez v Chile, Judgment
(merits, reparations and costs), 4 February 2022.
Submissions provided by Minority Rights Group and Sisters in Islam.
See A/HRC/16/53.
See, in particular, A/HRC/16/53 and E/CN.4/2002/73.
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