A/68/268
to self-identify as belonging to a religious minority or not to do so, and does not
limit her attention to officially recognized groups. Consequently, references to
“religious minorities” encompass a broad range of religious or belief communities,
traditional and non-traditional, whether recognized by the State or not, and include
more recently established faith or belief groups that seek the protection of their
rights under minority rights standards. Non-believers, atheists or agnostics may also
face challenges and discrimination and require protection of their rights.
C.
Considerations on the rights of religious minorities under
international law
27. International human rights standards have been built on the foundation of
non-discrimination. The premise of the Universal Declaration of Human Rights is
that everyone should enjoy their rights “without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status” (art. 2). The insistence on non-discrimination and
equal enjoyment of human rights serves as the uncompromising premise of all
subsequent norms in all human rights treaties and declarations. Enjoyment without
discrimination also serves as the whole rationale behind minority rights.
28. While clearly falling within the scope of the 1992 Declaration on Minorities,
which explicitly provides for four categories of minority groups (national, ethnic,
religious and linguistic), attention to religious minorities has frequently historically
fallen under international standards relevant to freedom of religion and belief.
29. The 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief (see General Assembly resolution 36/55)
does not explicitly mention religious minorities. However, it establishes
non-discrimination and equality as key principles. Article 2, paragraph 1, stresses that
no one shall be subject to discrimination by any State, institution, group of persons
or person on the grounds of religion or belief. Article 3 clearly establishes that
discrimination between human beings on the grounds of religion or belief
constitutes an affront to human dignity and a disavowal of the principles of the
Charter of the United Nations.
30. Article 27 of the International Covenant on Civil and Political Rights (see
General Assembly resolution 2200 A (XXI), annex) provides that in those States in
which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of
their group, to enjoy their own culture, to profess and practise their own religion, or
to use their own language. Article 27, which is the most important, is a legally
binding treaty provision dedicated to minorities. Its scope extends beyond freedom of
religion or belief, while fully preserving the substance of the provisions of article 18
on freedom of thought, conscience and religion. Nazila Ghanea, however, has
pointed out the dearth of consideration of religious minorities as minorities in the
jurisprudence of the Human Rights Committee on article 27 and their overall
exclusion to date from consideration under article 27. 6
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Nazila Ghanea, “Are Religious Minorities Really Minorities?”, Oxford Journal of Law and
Religion, Vol. 1, No. 1 (2012), pp. 57-79.
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