A/HRC/34/50
regulations, public health norms or other issues. Overcoming the various forms of
discrimination in the field of religion or belief, including indirect and structural
discrimination, is a complex task that requires moving beyond mere formal or codified
equality towards the concept of substantive equality, including by adopting practical
measures that ensure reasonable accommodation across various dimensions in the daily
lives of believers and non-believers (A/69/261, paras. 49-66).
47.
Discrimination within the context of the right to freedom of religion or belief is not
limited to members of religious minorities or non-believers, and can also apply to members
of religious majority groups and unrecognized or “non-traditional” groups. The Special
Rapporteur notes that previous mandate holders consistently identified other groups,
including women, children, persons deprived of their liberty, refugees, migrant workers
(including domestic workers), internally displaced persons, and members of the LGBTI
community, as persons particularly vulnerable to discrimination on the basis of religion or
belief. Discrimination is often manifested in one of two ways: (a) the individual’s
enjoyment of the right to freedom of religion or belief is restricted or interfered with, either
by the State or by non-State actors, specifically because of their membership in the group;
or (b) their enjoyment of other fundamental rights is restricted or interfered with (again
either by the State or non-State actors) on the basis of religion or belief. It therefore follows
that, in addition to respecting the principle of non-discrimination, Member States also have
a duty to protect individuals from discrimination by third-party non-State actors, including
threats stemming from religious vigilante groups or even terrorist groups. Depending on the
precise nature of the problem, different initiatives may be required, such as legislative
support for religious minorities against discrimination in the workplace, measures to protect
people from forced conversion, and policies for combating violent extremism, vigilantism
or terrorism.
48.
It should be noted that, in recent times, some of the most pernicious violations of the
right to freedom of religion or belief have been, and continue to be, carried out by non-State
actors, including mobs, vigilante groups, anti-government insurgents and terrorist
organizations. The threat to the right comes not only from those operating with impunity in
failed or poorly governed States; it can also emanate from laws and policies that
discriminate against religious minorities and dissenters and empower non-State actors to
“punish” them without fear of reprisal.
49.
As in the case of previous mandate holders, the Special Rapporteur will continue to
highlight gender-specific abuses against women and girls with regard to the right to
freedom of religion or belief, in accordance with article 3 of the International Covenant on
Civil and Political Rights, other human rights treaties, such as the Convention on the
Elimination of All Forms of Discrimination against Women, and the mandate’s requirement
to mainstream gender in its work, both substantively and procedurally. This approach will
focus on both discrimination based on gender (and gender identity), which has a negative
impact on a woman’s ability to enjoy her right to freedom of religion or belief, and cases
where the State or non-state actors have sought to justify discrimination on the basis of
gender by relying on religious freedom or “liberty” arguments. Indeed, the Human Rights
Committee, in its general comment No. 28 (2000), found that article 18 of the Covenant
could not be relied upon to justify discrimination against women by reference to freedom of
thought, conscience and religion; it concluded that States parties should therefore provide
information on the status of women with regard to their freedom of thought, conscience and
religion, and indicate the steps they had taken or intend to take both to eliminate and
prevent infringements of these freedoms for women and to protect their right not to be
discriminated against.
50.
The Special Rapporteur notes that, while the intersection between the right to
freedom of religion or belief and women’s right to equality may, at times, seem
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