A/HRC/13/40/Add.3
number of complaints from high school students who had not been allowed by the school
authorities to wear headscarves in schools. The Acting Ombudsperson concluded, inter alia,
that they were discriminated on the basis of their religion or belief and underlined that their
fundamental right to exercise their religion was protected by human rights standards. In
addition, two women in Prizren complained that they applied for teaching positions in
secondary schools but were not hired based on their religious convictions and the fact that
they wore headscarves.
60.
With regard to the issue of wearing religious symbols, especially in public schools,
the Special Rapporteur would like to emphasize that each case has to be decided according
to its own circumstances. For an analysis of the applicable legal framework and
international case law, the Special Rapporteur would like to refer to her report to the 62nd
session of the Commission on Human Rights (E/CN.4/2006/5, paras. 36-60). She would
like to reiterate that freedom of religion or belief may be invoked both in terms of the
positive freedom of persons who wish to wear or display a religious symbol and in terms of
the negative freedom of persons who do not wish to be confronted with or coerced into it.
61.
On the one hand, the right to education of pupils who have been expelled for
wearing religious symbols and also the rights of parents or legal guardians to organize life
within the family in accordance with their religion or belief may be at stake. On the other
hand, the authorities may invoke the denominational neutrality of the school system and the
desire to preserve religious harmony in schools. However, any limitation must be based on
the grounds of public safety, order, health, or morals, or the fundamental rights and
freedoms of others; respond to a pressing public or social need; pursue a legitimate aim;
and be proportionate to that aim.
3.
Intra-religious and inter-religious tensions
62.
There are also disturbing indicators about intra-religious tensions within the Islamic
community in Kosovo. In this regard, the Special Rapporteur has received reports about
extreme forms of religious practices that are thrust upon other members of the community.
There were at least three cases where moderate Muslim religious leaders were allegedly
threatened and beaten for opposing radical religious approaches advocated by different
groups within the Islamic community in Kosovo. The Special Rapporteur would like to
reiterate that freedom to manifest ones’ religion or belief may be subject to limitations that
are prescribed by law and are necessary to protect public safety, order, health or morals or
the fundamental rights and freedoms of others. Violence in the name of religion cannot be
accepted. She urges the relevant authorities to take all necessary and appropriate action to
combat intimidation and coercion motivated by intolerance based on religion or belief, also
inside the communities.
63.
In addition, inter-religious tensions continue in Kosovo. Members of small Christian
minorities reported that they were encountering abuse, threats and violent attacks from
some members of different religions, especially with regard to missionary activities.
Reportedly, local newspapers and websites had also indicated names and contact details of
Christian missionaries, requesting them to stop converting Muslims. Furthermore, the
Special Rapporteur is concerned about the vulnerable situation of converts who face
problems with the community of their former religion. According to international human
rights standards, the right to freedom of thought, conscience and religion also includes the
freedom to change one’s religion or belief. The Special Rapporteur would like to emphasize
that theistic, non-theistic and atheistic beliefs as well as the right not to profess any religion
or belief are protected.
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