A/69/261
adopted in 1958. The Special Rapporteur would like to take thi s opportunity to
commend the monitoring work performed by the ILO Committee of Experts on the
basis of Convention No. 111, which covers discrimination in employment on
different grounds, including religion or belief. ILO also conducts a regular dialogue
with religious traditions on the decent work agenda and has produced a handbook
outlining some convergences. 8
3.
Terminology
30. The Special Rapporteur would like to reiterate, at the outset, that the terms
“religion” and “belief”, as they are used in the present report, must be broadly
understood, in keeping with the interpretation in the Human Rights Committee’s
general comment No. 22. As the Committee has pointed out, “[a]rticle 18 protects
theistic, non-theistic and atheistic beliefs, as well as the right not to profess any
religion or belief.” 9 The general comment further clarifies that “[a]rticle 18 is not
limited in its application to traditional religions or to religions and beliefs with
institutional characteristics or practices analogous to tho se of traditional
religions.” 10 The Special Rapporteur fully subscribes to this interpretation. He is
furthermore guided by a broad understanding of discrimination which includes
direct and indirect discrimination. While direct discrimination openly targets certain
individuals, or groups, with the intention or effect of denying their claims to full
equality, indirect discrimination usually starts with prima facie “neutral” general
rules, policies or practices, which — although on the surface appearing to apply to
everyone equally — nonetheless have a discriminatory impact on certain individuals
or groups. Based on the assumption that indirect discrimination is usually more
difficult to detect and combat than direct discrimination, the present report will
accord specific attention to this problem as it relates to freedom of religion or belief
in the workplace.
B.
Freedom of religion or belief in the workplace
1.
Applicability of freedom of religion or belief in the workplace
31. When discussing issues of religious intolerance and discrimination in the
workplace, the Special Rapporteur often encounters two general misunderstandings.
The first misunderstanding relates to the scope of freedom of religion or belief. It is
sometimes assumed that religion should be a “private” affair which chiefly concerns
the family and religious worship in a narrow sense, but has little to do with people’s
professional life. However, for many believers their religious conviction pervades
all dimensions of human life: family relations, school education, etiquette, the
general societal culture of communication, social and economic affairs, public and
political life, and so on, and thus the workplace. Article 18 of the International
Covenant on Civil and Political Rights supports such a comprehensive
understanding. It covers everyone’s freedom “either individually or in community
with others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching”. Whereas the terms “teaching” and “worship”
__________________
8
9
10
8/23
ILO, Convergences: Decent Work and Social Justice in Religious Traditions — a handbook
(Geneva, 2012).
Human Rights Committee, general comment No. 22 (A/48/40, vol. I, annex VI), para. 2.
Ibid.
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