A/HRC/43/48
general laws and standards for combating discrimination. Equally relevant for the
experiences represented in the present report is the prohibition of religious-based
discrimination under international law, which includes: (a) treating a person unfavourably
because of his or her faith or belief; (b) imposing undue restrictions on an individual’s right
to manifest his or her religion or belief; and (c) exerting limits on an individual’s enjoyment
of other fundamental rights in the name of, or on the basis of, an individual’s religion or
belief (see A/HRC/37/49). Additionally, the right of members of religious minorities to
practise their religion with other members of their religious group is protected by article 27
of the International Covenant on Civil and Political Rights.
65.
The Special Rapporteur on freedom of religion or belief has illustrated that reasonable
accommodation for the manifestation of religion or belief can be an important part of
combating indirect discrimination based on religion or belief, and should be provided by
States and private employers in situations where such measures would not amount to “a
disproportionate or undue burden” (A/69/261, para. 59). The jurisprudence of the European
Court of Human Rights also treats the doctrine of reasonable accommodation as part of antidiscrimination law, but is clear that accommodations may be denied when third-party rights
or public safety is affected. 60 The Human Rights Committee held that, while some neutral
laws might have a discriminatory impact, national laws based on objective and reasonable
grounds did not constitute religious discrimination. 61 In Canada, accommodations on the
manifestation of religion or belief must comply with other human rights standards, in
particular concerns to gender equality and the principle of the religious neutrality of the State.
66.
Freedom of religion or belief includes the right to maintain the internal institutional
affairs of religious community life without State intervention (A/69/261, para. 41; and
A/HRC/22/51, para. 25). As outlined by the Special Rapporteur’s predecessor, the autonomy
to determine the rules for appointing religious leaders or for governing “monastic life”, for
example, allows religious communities to adhere to the self-understanding of the respective
group and their traditions (A/69/261, para. 41). It must also be noted, however, that the
autonomy of religious institutions falls within the forum externum dimension of freedom of
religion or belief, which, if the need arises, can be restricted in conformity with the criteria
spelled out in article 18 (3) of the International Covenant on Civil and Political Rights
(A/68/290, para. 60).
VI. Conclusions
67.
On the occasion of the twenty-fifth anniversary of the Beijing Declaration and
Platform for Action, the Special Rapporteur notes with concern that serious obstacles to the
realization of gender equality persist in every region of the world. It is of great concern that
discriminatory laws and gender-based violence should remain so pervasive, and it is deeply
alarming that efforts to achieve gender equality have experienced setbacks in some regions
in recent years, rather than advancing.
68.
In 2010, the late Special Rapporteur Asma Jahangir wrote in her final report to the
General Assembly that the mandate needs to continue highlighting discriminatory practices
that women have had to suffer over centuries and continue to do so, sometimes in the name
of religion or within their religious community. It can no longer be taboo to demand that
women’s rights take priority over intolerant beliefs used to justify gender discrimination
(A/65/207, para. 69). Her successor, Heiner Bielefeldt, stated similarly that freedom of
religion or belief can never serve as a justification for violations of the human rights of
women and girls (A/68/290, para. 30). The Special Rapporteur fully affirms these views, and
further stresses that the universal right to equality is unqualified in a way that the obligation
to promote the right to manifest religion or belief, which can be subject to limitation where
necessary to protect the rights of others, is not. However, acknowledging and rebuking
practices rooted in claims to religion or belief that perpetuate harmful stereotypes, attitudes
and practices does not mean tacitly accepting an inherent incompatibility between the right
60
61
16
See European Court of Human Rights, Eweida and Others v. United Kingdom, Application Nos.
48420/10, 59842/10, 51671/10 and 36516/10, Judgment, 27 May 2013.
See Prince v. South Africa (CCPR/C/91/D/1474/2006).