A/62/280 (c) Equality legislation and faith-based provision of public services 73. In several countries, religious groups enjoy certain exemptions from equality legislation concerning employment or the provision of goods, facilities and services. This is criticized as effectively allowing religious groups to discriminate against other religions and non-religious believers. This problem may increase when public services, for example in the health or social sector, are contracted out to faith-based organizations. Atheists and non-theists are concerned that contractual clauses may not be enough to protect them and religious minorities when seeking services from or employment with public service providers when the service provision has been contracted out to faith-based organizations. (d) Official consultations only with religious representatives 74. Government bodies which are set up to consult religious groups, for example on policy issues, tend to leave out representatives of non-religious beliefs. In cases where self-styled “faith leaders” with extreme views are given disproportionate influence, there seems to be a risk that those without religious belief or who are dispassionate about religion will be excluded from legitimate debate. 3. Observations 75. On a global level, atheists and non-theists seem not to be as institutionalized and vocal as their theistic counterparts. Apart from historical and cultural reasons, this may partly be attributed to the fact that atheistic or non-theistic beliefs often imply rather personal approaches. Furthermore, there are many different schools of thought of atheistic or non-theistic belief; however, this does not, in essence, distinguish them from theistic beliefs, given the multitude of religions, denominations and individual theistic approaches worldwide. The Special Rapporteur would like to reiterate that the right to freedom of religion or belief applies equally to theistic, non-theistic and atheistic beliefs. Furthermore, the right not to profess any religion or belief is also protected. 76. The Special Rapporteur is grateful for the oral and written submissions she has received from atheistic and non-theistic believers and she takes their concerns seriously. Concerning blasphemy laws, there are worrying trends towards applying such domestic provisions in a discriminatory manner and they often disproportionately punish members of religious minorities, dissenting believers and non-theists or atheists. In one of his annual reports, the second mandate holder stressed his “concern relating to efforts to combat defamation: these should not be used to censure all inter-religious and intra-religious criticism. Several other communications from the Special Rapporteur illustrate the danger that efforts to combat defamation (particularly blasphemy) may be manipulated for purposes contrary to human rights” (E/CN.4/2000/65, para. 111). Most recently, in its resolution 1805 (2007), the Parliamentary Assembly of the Council of Europe recommended that the Committee of Ministers ensure that national law and practice in Council of Europe member States “are reviewed in order to decriminalize blasphemy as an insult to a religion” and “penalize statements that call for a person or a group of persons to be subjected to hatred, discrimination or violence on grounds of their religion as on any other grounds”. The Special Rapporteur agrees that a useful alternative to blasphemy laws could be to fully implement the protection of individuals against advocacy of national, racial or religious hatred that 07-48490 21