A/68/290
in this context. It has been a general experience that issues promoted under different
human rights norms can collide. This is obviously also the case in the interplay of
the two human rights norms discussed in the present report, namely, freedom of
religion or belief and equality between men and women.
21. The role of freedom of religion or belief within related conflicts is complex
and is frequently misunderstood. Widespread misperceptions have even given rise to
the idea that freedom of religion or belief and equality between men and women are
norms standing in opposition to each other. However, although complicated
conflicts in this area are obvious, it remains important not to draw wrong
conclusions from this experience. In particular, one should not turn concrete
conflicts between (seemingly or factually) competing human rights issues into
abstract antagonisms on the normative level itself. This would be a systematic
mistake. It would also mean to give up the holistic understanding of human rights,
with the risk that the human rights approach in general might become ever more
fragmented. This in turn would have detrimental effects, in particular for the human
rights of many millions of persons whose problems fall in the intersection of
freedom of religion or belief and equality between men and women.
22. In order to highlight the multifaceted practical problems and contribute to a
clarification of important conceptual questions, the Special Rapporteur has decided
to focus the present report on the relationship between freedom of religion or belief
and equality between men and women. This is in accordance with his mandate
which requests him to continue to apply a gender perspective in his activities. 4 In
doing so, the Special Rapporteur builds upon the work of his predecessors in their
reports to the Commission on Human Rights, the General Assembly and the Human
Rights Council. 5
B.
General observations on the role of freedom of religion or belief
in the field of equality between men and women
1.
The human person as rights holder
23. Prima facie it seems plausible to assume that freedom of religion or belief
protects religious or belief-related traditions, practices and identities, since this is
what the title of the right appears to suggest. This assumption, however, is
misleading, because in line with the human rights approach in general, and article 1
of the Universal Declaration of Human Rights in particular, freedom of religion or
belief always protects human beings in their freedom and equality in dignity and
rights. To cite a frequently used short formula, freedom of religion or belief protects
“believers rather than beliefs”. Of course, both aspects are inextricably intertwined:
no one can earnestly speak about believers without considering their beliefs and vice
versa. And yet it remains true that human rights address that interrelatedness
between believers and beliefs consistently from the angle of the human being.
Hence it is only indirectly that religions or beliefs, encompassing their truth claims,
__________________
4
5
6/22
Human Rights Council resolution 6/37, para. 18 (d). See also Commission on Human Rights
resolutions 1996/23, 1997/18, 1998/18, 1999/39, 2000/33, 2001/42, 2002/40, 2003/54, 2004/36
and 2005/40, as well as General Assembly resolutions 60/166 and 61/161.
See, for example, E/CN.4/2002/73/Add.2; A/HRC/4/21 (paras. 34-39); A/64/159 (paras. 59-63);
and A/65/207 (paras. 14-16 and 69).
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