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inharmonious, it is erroneous to assume that these rights are incompatible. Such an
assumption runs the risk of overstating the tensions between these two rights at the
normative level, weakening critical protection gaps and foreclosing the potential for
constructive and synergistic exchange (see A/68/290). It is unquestionable that instances of
forced marriage, female genital mutilation, forced conversion, honour killing, enforced
ritual prostitution, sexual slavery, trafficking and over-policing of dress codes, and the
denial of educational and employment opportunities, have all been justified on the basis of
religious traditions. The Special Rapporteur fully agrees with previous mandate holders that
the right to freedom of religion or belief can never be used to justify violations of the rights
of women and girls, and that “it can no longer be taboo to demand that women’s rights take
priority over intolerant beliefs used to justify gender discrimination” (see A/65/207, para.
69; A/66/156, para. 16; A/68/290, para. 30; A/HRC/16/53, para. 16; and
A/HRC/19/60/Add.1, para. 44). Acknowledging and rebuking these practices, however,
does not mean tacitly accepting an inherent incompatibility between the right to freedom of
religion or belief and gender equality. Instead, the two should be understood in a holistic
manner as mutually reinforcing human rights norms (see A/68/290, paras. 19 and 66).
51.
The right of children to freedom of religion or belief is violated in myriad ways by
both State agencies and non-State actors. Human rights abuses affecting children often tend
to be intersectional, such as the abduction and forced conversion of girls from religious
minority communities by armed groups. According to article 14 of the Convention on the
Rights of the Child, the right of the child to freedom of thought, conscience and religion
encompasses rights and duties of parents or legal guardians “to provide direction to the
child in the exercise of his or her right in a manner consistent with the evolving capacities
of the child.” Indeed, the Committee on the Rights of the Child, in its general comment No.
12 (2009), acknowledged that, in order for the rights of the child to be fully realized, their
right to be heard in all matters affecting their well-being and welfare, including matters
related to freedom of religion or belief, must be respected alongside their right to seek and
receive direction and guidance from their parents or legal guardians, which can compensate
for their lack of knowledge, experience and understanding and may be restricted by their
evolving capacities.
52.
Religious persecution often results in displacement and a surge in refugee
populations of an extremely large scale. Asylum seekers and internally displaced persons
must benefit from the right to freedom of religion or belief and other human rights
guarantees not only because they enjoy the same protections as others, but because they are
in a particularly vulnerable situation and often at a disadvantage in asserting their rights
owing to displacement or migration, or lack of familiarity with the host language and
political, social and legal context (see A/62/280).
53.
The Special Rapporteur notes with concern the increasing number of reports
regarding the failure of States, including those who are party to the Convention relating to
the Status of Refugees, to provide protections to asylum seekers who fear return to their
country of origin because of fear of persecution based on religion or belief. This failure
includes the practice of refoulement, or forcible return, of refugees who fear persecution for
reasons of race, religion, nationality or membership of a particular social group or political
opinion. As noted by various international mechanisms, including the Human Rights
Committee, the Committee against Torture and the European Court of Human Rights, there
is a strict prohibition in international law on refoulement: article 7 of the International
Covenant on Civil and Political Rights, article 3 of the Convention against Torture and
article 3 of the European Convention on Human Rights are non-derogable. The aforementioned treaty bodies, as well as the European Court of Human Rights, have affirmed the
jus cogens character of the non-refoulement principle where an asylum seeker faces serious
risk of torture or related ill-treatment. An issue that merits special mention is increasing
intolerance of refugees and asylum seekers of a particular religious affiliation in order to,
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