A/65/207 some States have adopted provisions that are openly discriminatory against religious minorities. 7. The new Constitution adopted in one State in 2008, for example, includes a clause which limits citizenship only to those who adhere to the State religion. 4 The Special Rapporteur is deeply concerned that the implementation of this constitutional clause could have a significant negative impact on human rights in the country, including for converts, who risk losing their citizenship and becoming stateless. Measures that discriminate on the basis of religion or belief, or lead to de facto discrimination on such grounds, violate human rights standards. Consequently, it is contrary to the principle of non-discrimination to restrict citizenship to people with certain religious beliefs. 8. In another State, subsequent to a referendum in 2009, the construction of minarets was banned and the national Constitution was amended accordingly. In a press statement, the Special Rapporteur voiced her deep concerns at the negative consequences of the vote’s outcome and she urged the State’s authorities to abide by all its international obligations. 5 The Special Rapporteur indicated that a ban on minarets amounted to an undue restriction of the freedom to manifest one’s religion and constituted clear discrimination against members of the Muslim community. She would also like to highlight the need to continue raising awareness and educating people about religious diversity, thus eliminating the grounds for fears which are prone to be exploited for political purposes. 9. In addition, the Special Rapporteur is concerned that some domestic laws oblige those who wish to take up posts in the public service or become part of the judiciary to take an oath declaring their allegiance to a certain religion. 6 Moreover, several constitutional provisions require the president, the prime minister or members of parliament to be affiliated with a certain religion and to publicly take an oath to that effect. The Special Rapporteur would like to reiterate that restricting public posts to members of certain religions or particular religious denominations may constitute de facto discrimination. Furthermore, States should in their personal status laws provide the possibility to have an interreligious marriage for individuals who have different religious affiliations or no religion at all. 10. In addition to non-discriminatory provisions in constitutions and other domestic laws, it is vital to put in place effective remedies for cases of human rights violations. The Special Rapporteur has sent numerous communications to Governments on individual cases in which freedom of religion or belief, including the right to change one’s religion, was allegedly violated. In one case, for example, a convert to Christianity approached the national registration department, requesting that the religious status be changed on her identity card. However, the administration rejected her application and national courts held that the religious sharia court had complete jurisdiction on conversion to Islam and, by necessary implication, would have jurisdiction on apostasy and conversion out of Islam. 7 The __________________ 4 5 6 7 10-47047 See A/HRC/10/8/Add.1, paras. 146-148, and the Special Rapporteur’s report on her mission to Maldives (A/HRC/4/21/Add.3). See the Special Rapporteur’s press release of 30 November 2009, “Switzerland: UN expert on religious freedom regrets outcome of vote to ban construction of minarets”. See A/63/161, para. 38. See the Special Rapporteur’s communication of 12 October 2005 and the response from the Government of Malaysia dated 28 July 2008 (A/HRC/10/8/Add.1, paras. 135-143). 5