A/HRC/4/21
page 13
36.
In practice, intolerance and discrimination is often applied with regard to multiple
identities of the victim or group of victims. Many of the Special Rapporteur’s communications
and urgent appeals concern cases where women suffer from aggravated discrimination with
regard to their religious, ethnic and sexual identities. Women in many countries appear to be
victims of double or triple forms of aggravated discrimination, owing to serious restrictions in
the areas of education and employment. Citizenship laws in a number of countries discriminate
against women and their children because these regulations stipulate that mothers have fewer
rights than fathers to transmit nationality. Denying girls and women the right to wear religious
symbols when they freely choose to do so may pose a problem in terms of international human
rights law as well as does the forcible imposition of religious dress codes. Discrimination and
practices that are harmful to the health of women and girls are also applied within their religious
communities for reasons of religious traditions or those ascribed to religion. Furthermore, there
have been reports of arrests, flogging, forced conversion and even murders targeted specifically
at women in the context of intolerance based on religion or belief. Female members of minority
religions also tend to be prone to become victims of rape and violence stirred up by organized
groups.
37.
The freedom of religion or belief is a fundamental human right of a non-derogable
character which can be limited only under restricted conditions. Nevertheless, this right, like
other human rights, cannot be used to justify the violation of other human rights and freedoms.
That clause is, inter alia, provided by article 5 (1) of the International Covenant on Civil and
Political Rights and may, in certain cases, address situations of abuses committed in the name of
religion. The Human Rights Committee in its general comment No. 28 states that “Article 18 [of
the ICCPR] may not be relied upon to justify discrimination against women by reference to
freedom of thought, conscience and religion; States parties should therefore provide information
on the status of women as regards their freedom of thought, conscience and religion, and indicate
what steps they have taken or intend to take both to eliminate and prevent infringements of these
freedoms in respect of women and to protect their right not to be discriminated against.”
(para. 21)
38.
The States’ capacity and willingness to guarantee and protect de jure and de facto
freedom of religion of all individuals within its jurisdiction is often the key to developing an
appropriate framework for the protection of all human rights, including women’s rights. It
ensures that individuals can express themselves fully and dissent, even within their own religion;
or, indeed, that they can choose not to have any religion at all. No right should be protected at
the expense of others. Measures adopted to protect women’s rights, the right to freedom of
religion or belief and other human rights should take into account all individuals in society. The
Special Rapporteur would like to reiterate the importance of ensuring that the right to freedom of
religion or belief adds to the values of human rights and does not unintentionally become an
instrument for undermining freedoms. In this regard she welcomes recent statements and
conference recommendations3 which clarify religious views on female genital mutilation.
39.
In 2002, the previous mandate-holder presented his thematic study entitled “Étude sur la
liberté de religion ou de conviction et la condition de la femme au regard de la religion et des
traditions” to the Commission on Human Rights (E/CN.4/2002/73/Add.2). It lists the different
types of discrimination against women, such as practices that are harmful to the health of
women, discrimination against women within the family, attacks on the right to life, honour
killings, and attacks on their dignity, such as restrictions on the education of women or their