A/63/161
religious marriages; 20 divorces between people belonging to a particular religious
group are not recognized and their right of succession is not respected; 21
immigration and residence rights as well as other privileges such as access to land
and benefits for immigrants are only provided to members of a certain religious
community. 22 Some registration provisions require that the leaders of religious
associations must be citizens, which may adversely affect religious minority groups
if exclusively foreign clergy serve in that particular country. 23 Also, persons who
wish to change their name because their religion requires it may find their request
denied. 24 Another issue is the discrimination women face in the application of
religious laws, in particular in areas such as divorce, inheritance, custody of
children, transmission of citizenship 25 and freedom of movement. 26
38. Some countries place an obligation upon those who wish to take up posts in
the public service or become part of the judiciary to take an oath declaring their
allegiance to a certain religion. Several constitutional provisions require the
president, 27 the prime minister 28 and members of parliament 29 to be affiliated with
a certain religion and to publicly so state by taking an oath. In other countries the
king or queen, 30 the highest offices in the judiciary such as the attorney-general and
the chief justice and members of the national human rights commission 31 have to
take such an oath. Restricting public posts to members of certain religions also
occurs and may constitute de facto discrimination. 32 Sometimes candidates for a
post in the public service have to be members of a particular denomination of the
dominant religion in that State. 33
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08-43442
E/CN.4/1995/91, p. 49 and E/CN.4/2005/61/Add.1, para. 132 (on Indonesia). See also
E/CN.4/1996/95/Add.2 (on the Islamic Republic of Iran, where Baha’i marriages are not
recognized), para. 62.
E/CN.4/1996/95/Add.2 (on the Islamic Republic of Iran), para. 62.
Committee on the Elimination of Racial Discrimination, concluding observations: Israel
(CERD/C/ISR/CO/13), para. 17.
A/HRC/7/10/Add.2 (on Tajikistan), para. 37 and A/HRC/7/10/Add.1, para. 246 (on the draft law
of Tajikistan).
Coeriel et al. v. The Netherlands (CCPR/C/48/D/453/1991), para. 6.1.
E/CN.4/2000/65, para. 19 (on Brunei Darussalam); E/CN.4/2002/73/Add.2 (French only),
para. 137 (citing reports of the Committee on the Elimination of Discrimination against Women
on Algeria, Jordan and Kuwait).
A/54/386, para. 83 (on Yemen).
A/51/542/Add.1 (on Greece), paras. 15-17; E/CN.4/1996/95/Add.1 (on Pakistan), para. 17.
E/CN.4/1996/95/Add.1 (on Pakistan), para. 17.
A/HRC/4/21/Add.3 (on the Maldives), para. 10; see also article 62 of the Constitution of
Pakistan: “A person shall not be qualified to be elected or chosen as a member of Majlis-eShoora (Parliament) unless ... (d) he is of good character and is not commonly known as one
who violates Islamic Injunctions; (e) he has adequate knowledge of Islamic teachings and
practises obligatory duties prescribed by Islam as well as abstains from major sins; … Provided
that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a
non-Muslim, but such a person shall have good moral reputation ...”.
A/HRC/7/10/Add.3 (on the United Kingdom of Great Britain and Northern Ireland), para. 30.
A/HRC/4/21/Add.3 (on the Maldives), paras. 43 and 44.
A/55/280/Add.2 (on Bangladesh), para. 96.
A/HRC/4/21/Add.3 (on the Maldives), para. 43. Articles 34 (a) and 66 (a) of the 1997
Constitution of the Maldives requires the President, the Cabinet ministers and the AttorneyGeneral to be “a Muslim of Sunni following”; however, all Muslims are qualified to become a
member of the People’s Majlis, to be appointed as an atoll chief, chief justice or judge as well as
to be a voter in elections and public referendums.
13