A/69/261
5.
The role of training and advisory services
64. Policies of reasonable accommodation can lead to complicated questions,
problems and, at times, impasses. For instance, it may not always be easy to
distinguish between serious demands put forward in the name of a person’s religious
identity and mere trivial interests or unsubstantiated claims. 24 Drawing a line
requires sensitivity for people’s identity-shaping convictions and practices as well as
a solid understanding of the precise normative implications of freedom of religion or
belief and its universal and inclusive application. Problems can also occur if parts of
the management or staff are still unconvinced that reasonable accommodation of
religious diversity is a meaningful purpose. Calculation of costs or possible side effects is another complicated matter that requires experience and professional
knowledge.
65. The availability of appropriate training and advice is therefore of strategic
importance for a successful handling of reasonable accommodation. Given the
overall responsibility of States for combating all forms of intolerance and
discrimination based on religion or belief, States should establish an appropriate
infrastructure of training and advisory services based on human rights. National
human rights institutions seem ideally placed to play a key role in this area. Many
national human rights institutions have already developed programmes of human
rights-based diversity training which, inter alia, cater to public and private
employers. Training programmes should also include sensitivity training for
multiple and intersectional discrimination, for example, problems that women from
religious minorities encounter in the intersection of gender-related and religious
discrimination in the workplace.
66. Notwithstanding the formal responsibility of States under international human
rights law, other stakeholders — such as employers and their umbrella organizations,
trade unions, religious communities, civil society organizations, etc. — should each
use their specific potential to contribute to combating religious intolerance and
discrimination at the workplace. For example, they can offer t heir expertise to help
in designing appropriate policies of reasonable accommodation and to dispel typical
misperceptions, or they can facilitate an exchange of relevant experiences in this
area.
IV. Conclusions and recommendations
67. Given the enormous significance of the workplace, in which many people
spend a large share of their daily lives, the issue of religious discrimination in
the area of employment so far has received comparatively little systematic
attention. However, there can be no doubt that the freedom to manifest one’s
religion or belief without discrimination also applies in the workplace.
68. Although labour contracts can stipulate specific work-related obligations
which, under certain conditions, may limit some manifestations of an
employee’s religion or belief, they can never amount to a general waiver of this
human right in the workplace. Moreover, any limitations of the right to
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24
20/23
See A/HRC/13/40/Add.2, para. 16, referring to the European Court of Human Rights, Kosteski v.
the former Yugoslav Republic of Macedonia (application No. 55170/00), judgement of 13 April
2006.
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