A/HRC/22/51
Nevertheless, some States fail to facilitate appropriate legal status positions. For instance,
certain States do not allow associations to pursue any religious or belief-related purposes,
with the implication that religious groups per se cannot obtain any legal status under the
law of association. Recognition procedures may also be lengthy and overly complicated,
with the intentional or non-intentional effect of discouraging certain minorities from even
applying.13 In some instances, religious organizations may be deprived of their status and
de-registered, thus losing key rights and privileges afforded to registered religious
organizations. (Re)-registration procedures may stipulate conditions such as a minimum
number of followers or years of existence in a particular country that a priori exclude
smaller or new groups.14 An administration may also arbitrarily use negative labels, such as
“sect”15 or “cult”, to generally prevent certain groups from obtaining legal personality
status. Non-recognized communities typically live in situations of increased legal insecurity
and structural vulnerability. There are also examples of de facto authorities prohibiting and
disrupting meetings of members of religious minorities on the mistaken assumption that
such activities could not be undertaken by unregistered communities. 16
(c)
Structural discrimination and exclusion
44.
Persons belonging to religious minorities often suffer from systematic
discrimination in various sectors of society, such as educational institutions, the labour
market, the housing market or the health-care system. Scores of examples account for
structural discrimination in those and other important societal areas. Minorities are
frequently underrepresented in the public sectors as well, including in the police force, the
military, public media and high-level posts in public universities. Members of certain
groups, once identified as such, may not have access to higher education17 or certain public
positions, or may be expelled from previously held positions. Moreover, many members of
religious minorities experience multiple, intersectional and otherwise aggravated forms of
discrimination, for instance a discriminatory link between scheduled caste status and
affiliation to specific religions,18 or a combination of religion and ethnicity-based
violence.19 Women or girls often have to cope with gender-based and religious
13
14
15
16
17
18
19
12
The law on Freedom of Conscience, on Religious Associations and Other Organizations in Tajikistan
established burdensome registration procedures for religious organizations (A/HRC/7/10/Add.1,
paras. 245-249).
In Hungary, the Law on the Right to Freedom of Conscience and Religion and on Churches,
Religions and Religious Communities requires re-registration of most religious organizations to be
backed with evidence of at least 20 years of operation and regulations on its structure and operation
(A/HRC/19/44, p. 35).
In France, the Protestant movement of the Plymouth Brethren faced restrictions after it was listed in
the MIVILUDES (Inter-ministerial Mission to monitor and combat abuse by sects) report
(A/HRC/4/21/Add.1, paras. 137-145).
In 2010, religious meetings of Jehovah’s Witnesses living in Nagorno-Karabakh were disrupted by
local “police” and several Jehovah’s Witnesses were arrested (A/HRC/16/53/Add.1, paras. 6-24);
however, the Special Rapporteur was subsequently informed that upon appeal the de facto “courts”
overturned the initial administrative convictions, relying on the International Covenant on Civil and
Political Rights and the Special Rapporteur’s observations that registration cannot be a precondition
for holding peaceful religious meetings.
In the Islamic Republic of Iran, members of the Bahá’í faith are being prevented from entering public
and private universities and vocational training institutions (A/HRC/10/8/Add.1, paras. 91-92;
A/HRC/19/44, p. 13).
See country visit report on India (A/HRC/10/8/Add.3, paras. 27-28 and 71).
See violence by Boko Haram in northern Nigeria (A/HRC/20/30, p. 67).