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). 10-47047

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