A/HRC/6/5
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B. Discrimination
23. Issues of discrimination have been at the heart of the mandate since its inception in 1986,
when the mandate was still entitled “Special Rapporteur on religious intolerance”. The
framework for communications tries to analyse the various aspects involved in discrimination
according to the subcategories of discrimination on the basis of religion or belief, inter-religious
discrimination, tolerance and the issue of State religions.
1. Discrimination on the basis of religion or belief/inter-religious
discrimination/tolerance
24. The mandate practice throughout the past 21 years illustrates the importance of effective
legal remedies for victims of intolerance or of discrimination based on religion or belief. There
is plenty of evidence of inter-religious discrimination and violence; however, examples of
intra-faith intolerance and discriminatory attitudes towards non-believers or dissenting
individuals should also not be forgotten. The Special Rapporteur observed that there is a need to
create better harmony between religious communities to enable them to live side by side and in
mutual respect. Efforts to promote inter-religious dialogue at all levels should not only be
praised, but also actively supported by Governments. Religious leaders regularly organize
high-level meetings at the international level to promote inter-religious dialogue and the Special
Rapporteur encourages more intergovernmental dialogue on the issues relating to her mandate,
so as to increase the involvement of the relevant policymakers. Harmony between and among
religious communities can only flourish if Governments remain committed to the promotion of
freedom of religion or belief in a neutral and balanced manner.
25. In order to promote ideals of tolerance and understanding, education on international and
national standards in respect of freedom of religion and belief should be included in school and
university curricula and teaching staff must receive proper training in this regard. Similarly,
education should be aimed at inculcating, from early childhood, a spirit of tolerance and respect
for the spiritual values of others. The Madrid Final Document (see E/CN.4/2002/73, appendix)
may serve as useful guidance for educational policies aimed at strengthening the promotion and
protection of human rights, eradicating prejudices and conceptions incompatible with freedom of
religion or belief and ensuring respect for and acceptance of pluralism and diversity in the field
of religion or belief as well as the right not to receive religious instruction inconsistent with his
or her conviction.
2. State religion
26. In its general comment No. 22, the Human Rights Committee states “that the fact that a
religion is recognized as a State religion or that it is established as official or traditional or that
its followers comprise the majority of the population, shall not result in any impairment of the
enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any
discrimination against adherents to other religions or non-believers”. The notion of an official or
State religion must never be exploited at the expense of the rights of minorities and the rights
linked to citizenship. Formal or legal distinctions between different kinds of religious or
faith-based communities carry the seed of discrimination insofar as such a distinction in their