A/68/268 Convention on the Rights of the Child. 7 Those standards therefore call upon States to seek to allow for and actively facilitate the adequate functioning of religious minorities in all their related activities. 36. The Human Rights Committee has recognized that the situation of “non-traditional” minority religions and beliefs gives cause for concern and has noted a tendency to discriminate against newly established religious and belief groups, 8 and hostility against them. Consequently, in its General Comment 22, the Committee stressed that the terms “belief” and “religion” should be broadly construed and that application of article 18 of the International Covenant on Civil and Political Rights must not be limited to traditional or predominant religions. The State must therefore also ensure non-discrimination and equal enjoyment of human rights for smaller, dispersed or newly arrived religious communities. 37. Understood and implemented in human rights terms, minority rights aim to guarantee equality, not to provide privileges. Minority rights ensure equality for persons and communities who share characteristics they wish to maintain along with others, but which are held by those who are not dominant in terms of numbers or power. Even among those States that support minority rights, there may be a particular challenge entailed in relating minority rights standards to religious minorities. Even legal regimes that allow for religious pluralism but do not take account of minority status may fall short of the positive obligations that are owing to and required by religious minorities. 38. Some States either lack adequate legislation for the protection of the rights of religious minorities or limit the applicability of legislation to a few recognized religious groups. Other States have laws and policies in place that should facilitate the full range of religious minority activities, in private, in public and in community with others. Non-discrimination legislation is also frequently in place that should provide a platform to ensure equal treatment of all, including religious minorities, in such key areas as education, employment, access to goods and services, and access to judicial remedy. However, even where such legislation exists, in practice it is frequently poorly implemented or monitored. 39. At the regional level, some positive practice exists, for example the European Union Employment Equality Directive, adopted in 2000, which requires Member States to protect against discrimination on the grounds of religion or belief in employment, occupation and vocational training. All Member States were required to transpose the Directive into domestic law by 2 December 2003 and monitor and report on its implementation. Such developments are to be welcomed as concrete steps towards ensuring the rights of religious minorities. However, implementation at the national level remains problematic in some States. Strengthening regional provisions and monitoring for the protection of religious minorities in all regions would provide a valuable impetus for States to improve legislation and policy and practice. 40. Recent United Nations attention to religious minorities reflects the seriousness of their situation worldwide. On 22 March 2012, the Human Rights Council adopted __________________ 7 8 10/23 United Nations, Treaty Series, vol. 1577, No. 27531. See communications reports of Special Procedures, A/HRC/22/67, p. 17, UZB6/2012, regarding alleged imminent deportation and revocation of residence permit owing to the sharing of beliefs with an interested person, possession of religious literature and “illegal religious activity”. 13-41869

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