A/75/385 V. Key Findings The right to non-discrimination in the manifestation of freedom of religion or belief (SDG-16 & SDG-10) 12. Target 16.b of SDG-16 outlines the need to “promote and enforce non-discriminatory laws for sustainable development” as a means of achieving SDG-16’s goal of peaceful, just and inclusive societies. Target 10.3 calls on States to “[e]nsure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies and action in this regard”, in an effort to reduce inequalities within and among countries. 20 13. A key entry point for policymakers in assessing the inequalities and exclusion levelled at persons belonging to religious or belief minorities is the discrimination suffered by persons in their attempts to worship, observe, practice, or teach their religion or belief. These limits are typically accompanied by a wider range of repressive policies and practices by both state and non-state actors. This includes explicit legal inequalities, intolerance and hostility that undermine equal access to the benefits and opportunities enjoyed by others across numerous sectors – health, education, housing, legal status, and physical integrity. In turn, the implications of such inequalities for persons belonging to a particular religious or belief group raise the stakes for claiming freedom of religion or belief and intensify the marginalization of minority communities. 14. Available data suggest that the prevalence of laws, policies and government actions that restrict the ability of rights holders to enjoy freedom of religion or belief increased between 2007 and 2017.21 Communications transmitted by the mandate since 2015 illustrate that States employ a range of extra-legal measures that violate freedom of religion or belief, which also serve to delegitimize and stigmatize certain religious or belief groups. Such measures include restrictions on the establishment of places of worship22 and the forced closure of same;23 maintenance of humanitarian institutions and associations; 24 the appointment and persecution of faith leaders;25 the celebration of holidays and ceremonies; 26 teaching of religion or beliefs;27 and the use of materials related to the customs of a belief. 28 A preponderance of the 210 communications transmitted by the mandate since 2015 address restrictions that serve to (1) proscribe the peaceful expression of a religion or belief (2) limit association with censured groups using criminal sanction (3) or limit the existence of certain religious or belief groups using administrative procedures. It must be noted that the range of issues on which communications focus do not cover the full spectrum of violations of freedom of religion or belief; regrettably, access to UN human rights mechanisms remains elusive for many. 15. In some countries, States use anti-blasphemy laws29 or laws against provoking ‘religious offence’30 to arbitrarily detain and ill-treat individuals for expression of their faith. Other States impugn religious or belief expression by claiming violations of ‘public order’ laws or laws against ‘incitement to violence’ without sufficient evidence to justify such 20 21 22 23 24 25 26 27 28 29 30 See also, Target 10.2 “By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status” and Goal 5 “End all forms of discrimination against all women and girls everywhere”. https://www.pewforum.org/2019/07/15/a-closer-look-at-how-religious-restrictions-have-risen-aroundthe-world/. E.g. https://www.hrw.org/news/2016/09/15/egypt-new-church-law-discriminates-against-christians AL CHN 11/2015; AL IDN 9/2015. OL RUS 7/2016. CUB 1/2020; AL SAU 5/2020. Submission by IPPFoRB and Mine Yildirim reporting that in Serbia, Muslims’ ability to pray in the workplace is subject to the discretion of the employer. OL BRA 4/2017. https://www.uscirf.gov/reports-briefs/annual-report-chapters-and-summaries/russia-chapter-2019annual-report at p 3; AL RUS 2/2017. UA PAK 7/2019; AL IDN 6/2018. See also, UA MRT1/2020. AL MDV 3/2018; UA JOR 3/2016; UA NGA 3/2020. 5