A/HRC/61/41
instance, Ahmadi in Pakistan 29 and Baha'is in Egypt 30 cannot register their religious
affiliation on official documents, which is a clear violation of article 18 of the International
Covenant on Civil and Political Rights. As the Special Rapporteur pointed out in a previous
report,31 States Members of the United Nations not only recognized the existence of persons
belonging to minorities, but also their identities, by adopting the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities; therefore,
such forms of exclusion may not be tolerated either. All these forms of discrimination must
be firmly condemned and immediately stopped.
“Invisibilization”
3.
59.
“Invisibilization” is another form of discrimination. It may have a different intensities
and consequences for persons belonging to minorities. Some States deny the existence of
minorities and therefore of minority issues. Such is the case of France, for example. However,
despite the fact that the rights of minorities are not recognized by French legislation and
denied by French official discourse, there are minority issues in the country, such as the
non-recognition of and discrimination against linguistic minorities and discrimination against
religious minorities. Other States, such as Greece and Türkiye, use the recognition of rights
to some designated religious minorities under treaty obligations32 as grounds for denying the
existence of other minorities and their issues. Such formal denials have no effect on the
existence of minority issues. As the Human Rights Committee stated, in its general comment
No. 23 (1994) on the rights of minorities, the existence of an ethnic, religious or linguistic
minority in a given State Party did not depend upon a decision by that State Party, but was
required to be established by objective criteria.33 It is therefore according to such objective
criteria that minority issues must be defined and addressed, and not as States may define
them.
60.
The most common form of invisibilization is the non-recognition of minorities in data
collection. While not directly discriminatory, it has indirect effects, as public policies and
budget allocations rely on such data; the absence of specific data leaves minority issues
unaddressed. The following two much more severe forms of invisibilization are clear, direct
violations of human rights provisions: (a) assimilation policies, which offer to persons
belonging to minorities non-discriminatory treatment, as long as they renounce the specific
aspects of their minority identity. Such policies that have been used in nation-building in the
nineteenth and twentieth centuries are contrary to the principle enshrined in article 1 of the
Declaration through which States committed themselves to recognizing the existence and
identity of persons belonging to a minority; and (b) denial of identity registration (see para. 57
above).
4.
Discrimination in access to public spaces or services
61.
Restricting access to public space or services is unfortunately the most common form
of discrimination. With regard to the provision of public services, it is important that in State
infrastructure and development strategies, regions where minorities are concentrated not
receive less attention and investment than others. This would otherwise lead to systemic
discrimination in access to services, be it in the development and maintenance of
infrastructure (roads, access to drinking water and irrigation, sanitation) or social services
(education, public health, security and public housing). Even though not directly targeting
persons belonging to minorities, such unequal attention from State authorities or State budget
allocations constitutes structural and severe forms of discrimination, which prevent persons
belonging to minorities from equally enjoying their rights within society as a whole. Among
other things, clientelistic practices by dominant groups holding positions of power in public
29
30
31
32
33
GE.25-20927
See www.amnesty.org/en/latest/news/2025/06/the-ahmadis-deserve-to-practice-their-religion-andcelebrate-eid-without-fear-for-their-safety-and-liberty/.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=29803.
See A/HRC/58/54.
Treaty of Lausanne of 1923, arts. 38–45.
Human Rights Committee, general comment No. 23 (1994) on the rights of minorities, para 5.2.
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