A/HRC/10/8
page 16
the previous mandate-holder was informed about a number of obstacles faced by religious
minorities in their access to public-sector jobs, especially with regard to positions of
responsibility (A/55/280/Add.2, paras. 50 and 64). The first mandate-holder, Angelo d’Almeida
Ribeiro, also noted that, in one country, the Government had required private employers to
dismiss employees belonging to a certain sect and had instructed administrative departments to
prepare lists of members of the sect employed in the departments (E/CN.4/1987/35, para. 63).
42. The Special Rapporteur was also provided with evidence of persistent inequalities and
religious differentials in relation to employment. For instance, during a recent country visit, she
noted a serious level of underrepresentation of Catholics in the police, prison services, other
criminal justice agencies and at the senior level of the civil service, while Protestants were
underrepresented in sectors such as education and health (A/HRC/7/10/Add.3, para. 38). During
another country mission, the previous mandate-holder observed that Catholics seemed, in
practice, not to be accepted for careers in the army, the police and other sensitive areas of the
administration, including diplomacy (A/51/542/Add.1, paras. 65-67). Whereas such cases may
be regarded as de facto or indirect discrimination, the Special Rapporteur would like to remind
States of their obligation to take immediate measures that are likely to lead to the elimination of
these persistent inequalities and religious differentials as soon as possible.
43. Discrimination based on religion or belief in the context of access to employment has also
been addressed by the Special Rapporteur with regard to the issue of the wearing of religious
symbols. The Special Rapporteur highlighted in a thematic report (E/CN.4/2006/5, para. 55) that
legislative and administrative actions would be typically incompatible with international human
rights law if they apply restrictions which are intended to, or lead to, overt discrimination or
camouflaged differentiation depending on religion or belief. In the event that restrictions would
be compatible with human rights, State agencies must nonetheless not apply them in a
discriminatory manner or with a discriminatory purpose, for example by arbitrarily targeting
certain communities or groups. The Special Rapporteur, however, emphasized that contentious
situations need to be evaluated on a case-by-case basis by weighing the different rights,
according to the circumstances of a given situation. She referred to pertinent international case
law, including to the views of the Human Rights Committee on a communication related to the
termination of the labour contract of a Sikh employee wearing a turban in his daily life and who
refused to wear safety headgear during his work in a national railway company. In response to
the employee’s complaint that the company had discriminated against him on the basis of his
religion, the Committee argued that “legislation requiring that workers in federal employment be
protected from injury and electric shock by the wearing of hard hats is to be regarded as
reasonable and directed towards objective purposes that are compatible with the Covenant”.9 The
Special Rapporteur emphasizes that, on a similar matter, another State enacted specific
legislation exempting Sikhs from the requirement to wear safety helmets on construction sites
and offering protection to Sikhs from discrimination in this connection.10
9
Official Records of the General Assembly, Forty-fifth session, Supplement No. 40 (A/45/40),
vol. II, chap. IX (E), para. 6.2.
10
See sections 11 and 12 of the Employment Act 1989 of the United Kingdom of Great Britain
and Northern Ireland.