E/CN.4/1992/52
page 136
i
the act are two-fold. First, the act expresses the concern of the U.S.
Government about crimes arising from religious prejudice or other forms of
prejudice. Second, the systematic collection of hate crime statistics will
provide the federal and state governments with comprehensive information about
the national incidence of hate crimes."
Zimbabwe
"We have not experienced such incidences."
89. (h) In cases of intolerance or discrimination based on religion or
belief» are any effective remedies available to the victims to assert their
rights? If so. please specify what type of judicial and administrative
remedies are available.
Australia
(h) & (i) "The Human Rights and Equal Opportunity Commission Act 1986 empowers
the Commission to inquire into any act or practice that may constitute
discrimination and, where it is considered appropriate, to effect a conciliated
settlement of the matters that gave rise to the inquiry. Discrimination is
defined as including any distinction, exclusion or preference made on the
basis of religion, that has the effect of nullifying or impairing equality of
opportunity or treatment in employment or occupation. However, it does not
include a distinction, exclusion or preference and in respect of a particlar
job based on the inherent requirements of the job. Nor does it include a
distinction, exclusion or preference in connection with employment as a member of the staff of an
institution that is conducted in accordance with the doctrines,
tenets, beliefs or teachings of a particular religion or creed,
being a distinction, exclusion or preference made in good faith in
order to avoid injury to the religious susceptibilities of adherents
of that religion or creed (HREOC Act section 3, definition of
discrimination)•
Under the Act, the Commission can also endeavour to resolve complaints
of breaches of human rights by Commonwealth government authorities by
conciliation. For the purposes of the Act, human rights means the rights and
freedoms recognized in or declared by the International Covenant on Civil and
Politicial Rights, the Declaration of the Rights of the Child, the Declaration
on the Rights of Disabled Persons and the Declaration on the Rights of
Mentally Retarded Persons. Consequently, with respect to religion, the
Commission can endeavour to resolve complaints that a Commonwealth authority
has breached:
. the ICCPR, including Article 2 - recognition of the rights in the Covenant without
distinction, such as religion;
Article 18 - freedom of thought, conscience and religion ... ;
Article 20.2 - prohibition of advocacy of religious hatred ... ;