A/69/261
2.
An underexplored issue
28. Given the enormous significance of the workplace as a place in which many
people spend the majority of their daily lives, the issue of religious intolerance and
discrimination in the workplace has been touched upon in the Special Rapporteur’s
mandate practice. 6 However, it certainly merits further systematic exploration. The
sources of intolerance and discrimination can be manifold: existing prejudices
against religious or belief minorities may poison the atmosphere among employees;
customers may refuse to deal with employees of a religious orientation different
from their own; public and private employers may pursue restrictive policies with
the intention of preventing hypothetical conflicts (often far-fetched) between
followers of different religions or beliefs; or some members of minorities may feel
obliged to abide by religious prescriptions that cannot easily be accommodated. In
addition, requirements of corporate identity often unduly limit the space for the
manifestations of religious conviction and labour laws may have discriminatory
side-effects, or even discriminatory intentions, against religious minorities or
dissenters. Such problems can occur in public institutions, as well as in the private
sector. Moreover, women may suffer from multiple and/or intersectional forms of
discrimination or related abuses in the workplace, often originating from both their
sex and their religious or belief background. Thus, the issue has an obvious gender
dimension (see also A/68/290, paras. 17-74).
29. Given the complexity of the issue, the Special Rapporteur has decided to
narrow his focus to two accounts: First, the report approaches the theme from the
angle of employees, not (or rather only incidentally) from the perspective of
employers. Nevertheless, it should at least be noted that both employees and
employers, qua human beings, are entitled to freedom of religion or belief. While
this human right also has a collective or corporate dimension, a full analysis of this
question would lead to discussion of the issue of the autonomy of religious
institutions in their employment policies, which would go far beyond the confines of
the present report. 7 Secondly, the focus will be on existing employment relations,
rather than on the question of non-discriminatory access to employment. These two
issues are strongly interrelated as there is a natural connection between the
accommodation of religious diversity within existing employment and a
non-discriminatory accessibility of employment. In some countries, people
belonging to certain religious or belief minorities are formally barred from
accessing public employment and parts of the private sector. The issue of
non-discriminatory access to employment has been taken up by the International
Labour Organization (ILO) Committee of Experts on the Application of
Conventions and Recommendations, in particular with regard to ILO Convention
No. 111 concerning Discrimination in Respect of Employment and Occupation,
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6
7
14-58756
See, for example, the thematic report (A/HRC/10/8, paras. 41-43). In terms of country visits, the
report on the United States of America referred to domestic legislation and jurisprudence on
religious practice at the workplace (E/CN.4/1999/58/Add.1, para. 72). The report on the country
visit to France noted that some women had been dismissed from their employment or had
difficulties in finding employment because they wore the headscarf (E/CN.4/2006/5/Add. 4,
para. 67). The report on the country visit to India identified p roblems faced by Muslims
regarding the issuance of passports and security clearances for employment purposes
(A/HRC/10/8/Add.3, para. 20).
Religious institutions are sometimes subject to an exemption or exception, which allows them to
require that employees are of a particular religious belief.
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