A/68/268
dominant State religion, minorities may feel that such justice bodies are
inappropriate to their needs, especially where national laws discriminate against
them. Religiously diverse societies should take steps to ensure that religious
minorities are represented in law enforcement bodies and the judiciary and that,
where appropriate, training or special judicial mechanisms that meet the needs of
religious minorities are put in place.
54. In numerous States, the recognition of a number of personal status law codes
locks religious minorities into systems of laws that may have negative implications
for the enjoyment of their rights. Such laws may not allow them, for example, to
marry outside their religion. They may oblige them to accept the polygamy of their
partner, and they may disinherit them should one of their siblings choose to convert
into a particular religion. Such laws may rob them of the opportunity to gain
custody of their children on grounds of their remarriage, or their children might
automatically be taken away from them at particular ages if they are divorced. Some
laws may give religious minorities no option to apply for divorce or may force them
to make enormous financial sacrifices in order to obtain a divorce.
55. All of the above might be forced upon them on the grounds that it is
“respectful” of the laws of their religion, but may do so without asking them what
their religion or belief is, how they interpret it and which legal system they ascribe
to. Most worryingly, it may do so without giving them any opportunity for a civil
alternative, any option for exit from such legal provisions and, indeed, no
opportunity for adopting or changing their religion or belief. The State should not
only be mindful of these vast arenas of discrimination, which may indeed have a
coercive impact on the freedom to hold religion or belief, 11 but needs to ensure that
it fulfils its due diligence obligations with respect to all such violations. This
includes obligations with respect to violations that may result from the actions of
non-State actors, 12 and violations that may primarily occur in the private sphere.
5.
Women and girls belonging to religious minority communities
56. Women frequently experience multiple or intersecting forms of discrimination
emanating from their status as members of religious minorities and as women or
girls. This may make women and girls belonging to religious minorities particularly
vulnerable to violations of their rights in both public and private life. 13 Women from
religious minorities are often particularly poorly represented in public, economic
and political life, and efforts should be made to encourage and facilitate their
participation and integration in all walks of life.
57. Barriers to the full enjoyment of their rights may exist owing both to
discrimination in wider society and to factors such as strictly defined gender roles
within minority communities. Recent debates regarding the accommodation of
religious dress, particularly for women in the workplace, have had an impact on the
ability of some minority women to access labour markets or even public services.
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12
13
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Article 18, paragraph 2, of the International Covenant on Civil and Political Rights states that no
one shall be subject to coercion which would impair his freedom to have or to adopt a religion
or belief of his choice.
Communications reports of Special Procedures, A/HRC/22/67, p. 25, KGZ4/2012, regarding
alleged destruction, arson attack and looting of a religious centre by mobs.
Communications reports of Special Procedures, A/HRC/23/51, p. 62, IRQ1/2013, regarding
alleged abduction of a minor girl, forced marriage and forced conversion.
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