A/71/269
human beings on the grounds of religion or belief constitutes an affront to human
dignity and a disavowal of the principles of the Charter of the United Nations ”.
20. The international discussion on discrimination has made enormous strides in
recent decades. Apart from the ongoing need to tackle direct and open manifestations
of discrimination, there is greater sensitivity to concealed forms of discrimination,
for example, prima facie “neutral” rules prescribing certain dress codes in public
institutions. Although they usually do not openly target a specific community, such
rules can amount to discrimination against persons belonging to a religious minority
if those persons (often women) feel obliged by their religion to wear specific
religious garments. Similar problems may occur with regard to dietary rules, fasting,
public holidays, labour regulations, public health norms and other issues.
Overcoming the various forms of discrimination in the field of religion or belief,
including indirect and structural discrimination, is a complex task that requires
moving beyond mere formal equality towards substantive equality, including by
adopting measures of reasonable accommodation (see A/69/261, paras. 49-66).
4.
State obligations
21. States’ obligations towards the implementation of human rights standards can
be divided into obligations to respect, to protect and to fulfil. First of all, States
have to respect human rights, including freedom of religion or belief. This
presupposes a clear understanding that human beings — as individuals and/or in
community with others — do not need any permission by the State to be allowed to
have, adopt, profess and practise their religion or belief in private or in public. Like
other human rights, freedom of religion or belief follows from the due respect for
human dignity, which inheres in all human beings equally and thus commands an
unconditional respect, prior to, and ultimately independent of, any acts of legislative
or administrative approval.
22. The State should, furthermore, protect freedom of religion or belief against
abuses by third parties, for instance, against threats stemming from authoritarian
milieux, religious vigilante groups or even terrorist groups. Depending on the
precise nature of the problem, this requires different initiatives, such as legislative
support for religious minorities against discrimination in the workplace, measures to
protect people from forced conversion and policies of combating religious
vigilantism or terrorism.
23. Lastly, States should provide appropriate infrastructure that allows all persons
living under their jurisdiction to actually make full use of their human rights. This
aspect of their responsibility has been termed the obligation to fulfil. It inc ludes the
availability of suitable remedies, in particular, an independent and efficient
judiciary. States should also facilitate the acquisition by religious communities of a
collective legal standing, which they may need to undertake important community
functions, such as employing professional staff, purchasing real estate to build
places of worship or establishing charitable organizations or institutions of religious
learning. The obligation to fulfil also covers a broad range of promotional activities,
such as education about religious and belief diversity as part of the school
curriculum, and the building of societal resilience against religious intolerance.
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