A/68/268
in discrimination and violations against religious minorities. Some States have
discriminatory provisions enshrined in their constitutional, civil and criminal laws
that have a severe impact on religious minorities. Violations do not exist solely in
States in which the Government and its institutions are linked to the predominant
religion. Some States that declare a secular position are also highly intolerant of
religious or belief communities, their associations, activities and manifestations.
Although such States may strike some level of coexistence with the majority
religion, they are often negligent or dismissive of their human rights duties towards
religious minorities. Respect for the rights of religious minorities does not, therefore,
automatically flow from any specific model of State religion or ideology.
16. Insufficient attention paid to the group rights of religious minorities results in
experiences of discrimination, exclusion and marginalization and creates and
perpetuates discriminatory conditions under which religious minorities are made
vulnerable. Religious minorities are frequently national, ethnic or linguistic minorities.
Discrimination against them may be compounded, intersectional and based not only
on their religious identity, but also on their ethnic and linguistic identity, and
perceptions of them as “other” or not fully belonging.
17. Where patterns of violations against minorities are long established, there is a
risk that the international community may view such tensions as intractable. This is
particularly the case with religious minorities, the violations of whose rights may be
considered an inevitable consequence of a particular State religion or State ideology.
States with a shared State religion or ideology pattern may be blind to such
violations, and other States may be reluctant to intervene. International human rights
law needs to reclaim the full equality of religious minorities and not concede their
human rights as part and parcel of particular power or demographic relations.
18. Consideration of minority issues must necessarily also examine challenges that
exist within or emanate from religious minorities, and the fact that discriminatory
attitudes or established perceptions exist in both majority and minority communities.
Such attitudes may lead, for example, to isolationist tendencies on the part of
minorities, hampering their full integration and participation in all aspects of society.
B.
Methodology
19. The Independent Expert’s evaluation of minority issues is based on the
Declaration and other relevant international standards. She identifies four broad areas
of global concern: (a) the protection of a minority’s existence, including combating
violence against them and preventing genocide; (b) the protection and promotion of
the identity of minority groups and their right to enjoy their collective identity and to
reject forced assimilation; (c) the guarantee of the rights to non-discrimination and
equality, including the ending of structural or systemic discrimination and the
promotion of affirmative action when required; and (d) the right to effective
participation in public life and decisions that affect them.
20. The Independent Expert carried out a questionnaire-based survey that was sent
to United Nations Member States (April-June 2013). The questionnaire focused on the
identification of challenges and positive practices for the protection and promotion of
the rights of religious minorities, including the identification of initiatives in the area
of interfaith dialogue and the promotion of understanding and harmonious relations
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