A/75/385 accordance with their convictions and the evolving capacities of the child. 9 Conditions for the full enjoyment of freedom of religion or belief also require States to ensure that individuals do not experience discrimination in the exercise of these freedoms or other human rights on the basis of, or in the name of, religion or belief. The 1981 Declaration on the Elimination of all forms of intolerance and discrimination based on religion or belief (1981 Declaration) is explicit that “intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis. 10 9. Though often side lined from its protections,11 persons belonging to religious or belief minorities inhere the rights set out in Article 27 of the ICCPR and the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (Minorities Declaration). The Declaration explicitly recognizes States’ duties to protect the existence and identity of minorities,12 to provide safeguards against discrimination, as well as to ensure their effective participation in cultural, religious, social, economic and public life and in the decisions that affect them. 13 States must also adopt appropriate measures to enable persons belonging to minorities to participate fully in the economic progress and development of their country.14 10. Development Goals and targets that aim to advance civil, political economic, social and cultural rights can help fulfil States’ obligations in the context of minority rights protection. State’s legal duties towards minorities - from ensuring the survival of minority communities, the promotion of the identity of minorities,15 ensuring equality and nondiscrimination,16 and effective participation of minorities in public affairs and social life – and development measures aimed at inclusion, equality (including gender equality) and sustainability are mutually reinforcing. 11. It is important to note that the rights of religious or belief minorities are not dependent on State or theological recognition of minority or other status. 17 Human rights law protections for members of religious or belief minorities apply regardless of whether the State recognizes minorities or provides a list of recognized minorities. Equally, religious or belief communities are not monolithic and a plurality of self-understandings can exist within a community.”18 The exercise of minority rights can never justify discrimination against persons within minority communities.19 9 10 11 12 13 14 15 16 17 18 19 4 Art. 18, ICCPR; See also, 1981 Declaration. Art. 2.2, 1981 Declaration. Nazila Ghanea, “Are Religious Minorities Really Minorities?” 1 (1) Oxford Journal of Law and Religion (2012) 57–79. Art. 1, 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, (A/RES/47/135, annex).; See also, article 30 of the Convention on the Rights of the Child. See a A/HRC/4/9; https://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf, page 7; The CEDAW Convention also contains a number of provisions to advance the rights of minority women. Art 4.5; See also A/HRC/39/51, paras. 15-19. HRC General Comment 23, para. 9. See also, CESCR General Comment No. 21 (2009). Art 2(2) Minorities Declaration. See also, Commitment VI on “Faith for Rights” (A/HRC/40/58, annex II). See, A/HRC/22/51, para 19. A/HRC/43/48, 75; A/HRC/22/51. HRC, General Comment 23, para 8.