A/65/207
18. In one State, for example, since 2004 domestic legislation prohibits the
wearing of conspicuous religious symbols in public schools. Although the scope of
the 2004 law applies equally to all religious symbols, its application seems to
particularly affect young Muslim women wearing the headscarf and members of the
Sikh community. 13 The 2004 law is intended to protect the autonomy of minors who
may be pressured or forced to wear religious symbols; however, it denies the right
of those minors who have freely chosen to wear a religious symbol to school as part
of their religious belief. The Special Rapporteur and human rights treaty bodies held
that the ban may be counterproductive, by neglecting the principle of the best
interests of the child and the right of the child to access to education. The Special
Rapporteur also called upon the Government to promptly provide redress to persons
who have been the victim of discrimination because of wearing a religious symbol.
19. Members of religious minorities seem to be particularly vulnerable to
discrimination and denial of their rights, including access to education. The Special
Rapporteur sent communications to a State where more than 100 Bahá’í students
had allegedly been expelled from universities, based on an instruction by the
country’s Central Security Office to expel any student discovered to be a Bahá’í,
whether at the time of enrolment or in the course of their studies. 14 In this regard,
the Special Rapporteur would like to recall that policies or practices that restrict
access to education or employment are inconsistent with the prohibition of coercion
set out in article 18, paragraph 2, of the International Covenant on Civil and
Political Rights. 15
20. Another example of discriminatory laws or practices in the context of social
benefits is the link made in one State between Scheduled Caste status and affiliation
to specific religions. 16 Government benefits for members of Scheduled Castes are
by law limited to Hindus, Sikhs and Buddhists. This may create problems for Dalits
who have converted to Islam or to Christianity and thus lose their entitlement under
affirmative action programmes. In this regard, the Special Rapporteur has
recommended that Scheduled Caste status and its related benefits should be delinked
from the individual’s religious affiliation.
E.
Registration practices
21. A number of existing registration practices need to be reviewed by States to
ensure that such practices do not limit the right of all persons to manifest their
religion or belief, either alone or in community with others and in public or private.
Domestic registration requirements often appear to be used as a means to limit the
rights of members of certain religious minorities.
__________________
13
14
15
16
8
See the Special Rapporteur’s report on her mission to France (E/CN.4/2006/5/Add.4, paras. 47-72
and 98-104) and the Government’s reply in the follow-up table
(www2.ohchr.org/english/issues/religion/docs/followup/FU-France.pdf).
See the Special Rapporteur’s communications of 24 April 2007 and 12 February 2008, as well as
the reply of the Islamic Republic of Iran (A/HRC/7/10/Add.1, paras. 121-124 and
A/HRC/10/8/Add.1, paras. 90-92).
See paragraph 5 of Human Rights Committee general comment No. 22 (1993), Official Records
of the General Assembly, Forty-eighth Session, Supplement No. 40 (A/48/40), vol. I, annex VI.
See the Special Rapporteur’s report on her mission to India (A/HRC/10/8/Add.3, paras. 27-28
and 71).
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