A/64/159
belief with another or to adopt atheistic views, as well as the right to retain one’s
religion or belief. 8
III. Situation of persons in vulnerable situations
18. In its resolution 63/181, the General Assembly recognizes with concern the
situation of persons in vulnerable situations, including persons deprived of their
liberty, refugees, asylum-seekers and internally displaced persons, children, persons
belonging to national or ethnic, religious and linguistic minorities and migrants, as
regards their ability to freely exercise their right to freedom of religion or belief.
The Special Rapporteur would like to briefly analyse below the vulnerable
situations of these persons in the context of her mandate.
A.
Persons deprived of their liberty
19. In the past five years, the Special Rapporteur has received alarming reports
about persons being arrested and detained because of their religious beliefs on the
basis of discriminatory laws, denial of due process or a strong bias by law
enforcement against religious minorities. She has also received worrying reports of
alleged violations of the right to freedom of religion or belief of persons who are
deprived of their liberty, who find themselves in a situation of enhanced
vulnerability and can therefore be an easy target for harassment. The Special
Rapporteur has detailed some situations reported under the mandate and the
applicable international standards in her report to the General Assembly at its
sixtieth session. 9
20. The religious rights of persons deprived of their liberty must be fully respected
and protected. There is a real risk that the circumstances of detention, as well as
specific policies by prison authorities, may result in undue restrictions of the
opportunity of detainees to practise their religion or belief in private or in public.
The Human Rights Committee has stressed that persons already subject to certain
legitimate constraints, such as prisoners, continue to enjoy their rights to manifest
their religion or belief to the fullest extent compatible with the specific nature of the
constraint. 10 Detainees should also be allowed access to qualified representatives of
any religion, while they should not be obliged to consult a minister of religion if
they do not wish to do so. Furthermore, the religious beliefs of a detainee should
under no circumstances be used by the authorities against the detainee in order, for
instance, to extract information from him or her.
21. Treating all persons deprived of their liberty with humanity and with respect
for their dignity is a fundamental and universally applicable rule which must be
applied without distinction of any kind, such as religion. The Special Rapporteur
would like to emphasize that the dangers of discrimination, either in an
institutionalized form or through discriminatory practices, become much greater in
the closed conditions of a detention facility. The relevant authorities have a
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8
9
10
8
See Official Records of the General Assembly, Forty-eighth Session, Supplement No. 40
(A/48/40), vol. I, annex VI, para. 5.
See A/60/399, paras. 69-91.
Ibid., para. 8.
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