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non-recognition can be used as a justification for discriminatory and other hum an
rights abuses, such as when freedom of religion is only extended to persons belonging
to constitutionally recognized religions and not all religious or belief minorities.
55. The self-identification of persons may be involved in matters of forced
conversion or denial of membership, whether individuals are free to belong or not to
belong to a religious or belief minority, and indeed of non -exclusive individual selfidentification, as in the case of language. A French agnostic may still consider himself
or herself Jewish in a cultural sense and for some purposes, while a Singaporean may
easily identify as both a Buddhist and Taoist.
56. A particular issue concerning non-religious minorities is whether they must
involve sizeable or cohesive communities or have a sense of solidarity in order to
constitute a religious or belief minority. As the Special Rapporteur indicated in his 2019
definition (see para. 20 above) and in his observations to the Human Rights Committee
and others, the concept of minorities, except in the case of national minorities as will
be discussed, is not subject to a community’s size, permanency or traditional presence
in a State’s territory. The concept of religion or belief is therefore not limited to
traditional religions, to religions and beliefs with institutional characteristics or to
practices analogous to those of traditional religions. Therefore, religious or belief
minorities should be interpreted broadly, 21 encompass a variety of religious or belief
systems, including newly established religions and non-traditional beliefs, spiritual
practices or shamanistic belief systems, as well as non-religious individuals, whether
or not they are part of formal institutional or community structures.
57. Three further points should be highlighted. First, the concept of “religion or
belief” does not exclude overlaps with minority cultural or linguistic categories.
Minorities of religion or belief may include worship or sacred t exts in a language
differing from that of the majority. Furthermore, a religious or belief minority may
have its own specific literature, symbols, rites, customs and observances, including
holidays, dietary codes, pilgrimage and many other activities that could also be
referred to as cultural. As often indicated in the present report, the identification of a
person as belonging to a minority does not exclude multiple or overlapping situations
of belonging to more than one category for many in the daily experience of minorities.
This is why an intersectional approach that recognizes the many different elements
that forms an individual’s identity is essential in relation to matters involving religion
or belief as well as culture and language.
58. A second issue occurs not infrequently in relation to situations where individuals
are not allowed to leave or where an individual’s rejection of his or her membership of
a particular religious or belief group, including that of the majority, is prohibited or even
punishable by death in some cases, or where there may be obstacles owing to no official
“existence” or recognition of a particular religion or belief. Individuals in such situations
cannot convert or belong to a religious or belief minority, once again raising the obstacle
of authorities – or others – preventing individuals from freely self-identifying as
belonging to a minority (or to a majority). The Human Rights Committee has firmly
established that individuals are free to choose a minority or majority reli gion or belief,
including the right to replace one’s current religion or belief with another or to adopt
atheistic views, as well as the right to retain one’s religion or belief. 22
59. Third, a small number of States stated in their submissions that their
understanding of minorities did not include religious groups. None of the States
elaborated on the reasons for such an omission, other than occasionally suggesting
that the concept of a minority in their jurisdiction is restricted to traditional, national
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See HRI/GEN/1/Rev.1, General Comment 23, para. 5.3.
See HRI/GEN/1/Rev.1, General Comment 22, para. 5.
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