A/71/269
The Special Rapporteur can merely appeal to reluctant Governments to reconsider
their position and honour their obligations under international law, includ ing by
respecting, protecting and fulfilling everyone’s right to freedom of religion or belief.
IV. Conclusions
73. The full scope of freedom of thought, conscience, religion or belief is often
underestimated, with the result being an inadequate awareness of the broad
range of violations that take place in this area. Given its nature as a universal
human right, freedom of religion or belief cannot be limited to any list of
legitimate religious “options” predefined by Governments. Instead, it
recognizes human beings broadly as subjects of profound identity-shaping
convictions and conviction-based practices, thus always taking the selfdefinition of all human beings as the starting point. Freedom of religion or
belief is a multifaceted right, covering individual, relational, institutional and
infrastructural dimensions of freedom, that people should be able to exercise as
individuals and/or in community with others, in private as well as in public. In
keeping with the human rights-based approach in general, freedom of religion
or belief furthermore requires non-discriminatory implementation, which implies
positive efforts towards overcoming all forms of discrimination — direct,
indirect and structural discrimination, by both public and private actors — by
taking appropriate measures.
74. For a comprehensive analysis of existing and emerging problems, all root
causes, motives and factors underlying violations of freedom of religion or
belief must be taken seriously. This includes intolerant and narrow-minded
interpretations of religions — in other words, theological issues — as well as
political, social and economic factors. While Governments that see themselves
as guardians of certain religious truth claims impose restrictive measures
against “unbelievers” and “heretics”, other Governments utilize particular
religions in order to demarcate their national identities, thus creating dividing
lines between “national” and “foreign” religions or between “traditional” and
“non-traditional” religions. Yet other Governments violate freedom of religion
or belief by exercising excessive political control over religious community life
in order to defend authoritarian political structures or party monopolies
against possible challenges that may arise from people meeting freely and
communicating outside of tightly monitored official channels. Moreover, loss of
trust in public institutions may set in motion a process of increasing institutional
fragmentation, thus possibly creating a political vacuum, which terrorist or
vigilante organizations operating in the name of religion may try to fill.
75. Furthermore, societal power imbalances may lead to situations of
increased vulnerability for certain individuals or communities, including
persons from lower-caste backgrounds, individuals belonging to religious
minority communities or indigenous peoples, whose freedom of religion or
belief thus may be at stake, often in conjunction with violations of other human
rights. Any analysis of the root causes underlying violations of freedom of
religion or belief should also address gender issues. Countless women and girls
suffer from human rights violations in the intersection of freedom of religion or
belief and gender issues, for example in the context of State-enforced
denominational family laws.
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