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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
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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”.
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