A/65/207
discussion on the burka or niqab is not limited to Western States 27 but that related
decisions have also been issued in other regions. 28 In her 2006 report to the
Commission on Human Rights, the Special Rapporteur already analysed some
factual aspects, the legal framework and international case law with regard to
religious symbols in general. In this regard, she developed a set of general criteria to
balance competing human rights, to assist States in reviewing and drafting
legislation on the right to freedom of religion or belief. 29 The Special Rapporteur
identified some “aggravating indicators”, i.e. legislative and administrative actions
which typically are incompatible with international human rights law, for example if
exceptions to the prohibition of wearing religious symbols are tailored to the
predominant or incumbent religion or belief. At the same time, the Special
Rapporteur also referred to “neutral indicators”, for example if the interference is
crucial to protect the rights of women, religious minorities and vulnerable groups or
if the wearer must be properly identifiable, e.g. on an identity card photograph or at
security checks. She would like to reiterate that the fundamental objective should be
to safeguard both the positive freedom of religion or belief, as manifested by
voluntarily displaying religious symbols, and also the negative freedom from being
forced to display religious symbols. Special attention should be paid to the
protection of women’s rights, in particular in the context of wearing the full head-totoe veil.
I.
Religious, charitable or humanitarian institutions
35. The Special Rapporteur has also noted with concern that the freedom to
establish and maintain religious, charitable or humanitarian institutions is not
always fully respected and protected in accordance with appropriate national
legislation and in conformity with international human rights law. On a domestic
level, some religious minorities are, for example, not authorized to extend their
religious activities into social, health or educational matters.
36. While the right to establish religious, charitable or humanitarian institutions
and to receive funding is not unlimited, any restrictions imposed must be prescribed
__________________
27
28
29
12
For example, on 19 May 2010, the Council of Ministers of France approved a bill to ban
garments which cover the face in public and to punish those who force someone through threats,
violence or misuse of a position of authority to cover her face because of her sex. On 4 May
2010, the Parliament of the Swiss canton of Aargau voted to introduce a motion in the Federal
Assembly of Switzerland that would forbid people from wearing the niqab in public places. On
29 April 2010, the Lower House of Parliament of Belgium voted in favour of a bill which bans
any clothing that conceals the face in public space, including on the street. Provincial legislation
introduced in March 2010 in the Canadian province of Quebec stipulates that Muslim women
would need to uncover their faces when dealing with Quebec government services or when they
are employees of the province. See also the latest report of the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
(A/HRC/15/53, paras. 46-60).
The High Court of Bangladesh, for example, issued a verdict on 8 April 2010, ordering the
Ministry of Education to ensure that women who are employed in public institutions are not
required to wear the veil against their will. In January 2010, the Indian Supreme Court ordered
that burka-clad women cannot be issued with voter identity cards, rejecting the argument that
religion prohibits them from lifting their veils. According to a law passed in 2006 in Kuwait,
women with covered faces are not allowed to drive cars in Kuwait.
E/CN.4/2006/5, paras. 51-60.
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