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status implies a difference in rights or treatment. Consequently, the Special Rapporteur has
voiced her concerns that the legalization of such a distinction between different categories of
religion is liable to pave the way for future violations of the right to freedom of religion or for
discrimination on the basis of religion or belief.
C. Vulnerable groups
27. It is possible to identify within the framework of the mandate a number of groups whose
members find themselves in a vulnerable situation: women, persons deprived of their liberty,
refugees, children, minorities and migrant workers.
1. Women
28. Women are in a particularly vulnerable situation as evidenced by numerous urgent appeals
and allegation letters sent by various Special Rapporteurs. Since intolerance and discrimination
is often applied with regard to multiple identities of the victim or group of victims, many women
suffer from aggravated discrimination with regard to their religious, ethnic and sexual identities.
A comprehensive thematic study by the second mandate holder (E/CN.4/2002/73/Add.2) lists the
different types of discrimination against women, such as practices that are harmful to the health
of women, discrimination against women within the family, attacks on the right to life, honour
killings, and attacks on their dignity, such as restrictions on the education of women or their
exclusion from certain functions. Furthermore, this study reveals that there are many cultural
practices to be found among peoples having many diverse religious traditions. While many
religions have combated cultural practices which undermine the status of women, some harmful
practices such as female genital mutilation are perpetuated in the name of religion or imputed to
religion. The Special Rapporteur would like to reiterate the importance of ensuring that the right
to freedom of religion or belief adds to the values of human rights and does not unintentionally
become an instrument for undermining freedoms. Women all too often are required to negotiate
with male religious leaders and with other members of their own communities in order to
exercise their full human rights. Women themselves have to be empowered since they continue
to be largely excluded from the decision-making process within most religious communities.
Similarly, at a time when much emphasis is put on inter-religious dialogue, the absence of
women’s voices from that dialogue is striking.
2. Persons deprived of their liberty
29. The Special Rapporteur has been receiving a growing number of reports of alleged
violations of the right to freedom of religion or belief of persons deprived of their liberty, either
as prisoners or in the context of an armed conflict. Because the opportunity to practise one’s
religion in private or in public might easily be restricted by the fact of detention, the Standard
Minimum Rules for the Treatment of Prisoners make specific reference to the need for prison
authorities to allow prisoners to observe their religion and to have access to a minister of that
religion. In the context of an armed conflict, too, there are obligations to respect the religion and
religious practices of prisoners of war, interned persons and other types of detainees, who shall
be treated alike without any adverse distinction founded on religion or faith. The Special
Rapporteur would like to emphasize that it is crucial to provide the personnel of detention
facilities with adequate training, raising awareness and enhancing their sensitivity about their