A/HRC/10/8 page 19 51. Indirect or de facto discrimination based on religion or belief has been encountered in the context of legislation regulating the wearing of religious symbols in education institutions. During a country visit (E/CN.4/2006/5/Add.4, paras. 47-68 and 98-104), the Special Rapporteur examined a law that prohibits symbols or clothing by which students conspicuously show a religious identity in public elementary schools, middle schools and secondary schools. Although the scope of the law applied equally to all religious symbols, it turned out to disproportionately affect young Muslim women wearing the headscarf, thereby constituting a form of indirect discrimination. It also seriously affected members of the Sikh community, who reported that displaying religious symbols was an essential part of their faith. The implementation of this law led to the exclusion of children from the school public system and consequently hindered the right of some children to have access to educational institutions.12 On a similar issue, the Special Rapporteur recently dealt with university rules, which reportedly prohibit students from taking examinations if their heads are covered (A/HRC/10/8/Add.1). For instance, when a Muslim student presented herself with a wig at a university examination, she was prevented from taking the examination. Allegedly, the examination personnel refused to hand her the examination papers, arguing that her hair did not look natural. She was therefore dismissed from the classroom before she could take her examination. 5. Right to take part in cultural life 52. Since the right to freedom of religion or belief is intrinsically linked to the right to take part in cultural life, the Special Rapporteur has also addressed cases of discrimination based on religion or belief with regard to participation in cultural life. Such a case was seen in the destruction of irreplaceable relics and religious monuments, which ultimately prevented certain believers from enjoying their cultural and religious rights. In this regard the previous mandate-holder demanded a halt to the destruction of the Buddhist statues of Bamayan, which reflected the religious diversity in the country concerned (A/56/253, para. 27). Unfortunately, the statues were subsequently destroyed. 53. The Special Rapporteur has repeatedly emphasized that places of worship, religious sites and cemeteries have more than a material significance for the religious community attached to them. In this context, she is of the view that the concept of collective heritage of humankind could be used more prominently with regard to the preservation and protection of religious sites. During a recent country visit, the Special Rapporteur recommended that the Government should issue non-selective regulations and designate holy sites on a non-discriminatory basis (A/HRC/10/8/Add.2, para. 77).13 In addition, restrictions on access to such places of worship and religious sites, which ultimately also affect the right to take part in cultural life, must comply with international human rights law, including the principle of non-discrimination, as well as freedom of religion or belief and liberty of movement. In the context of article 12 (3) of the 12 On the same topic, the Committee on the Rights of the Child in one of its concluding observations expressed its concern that “the new legislation on wearing religious signs in public schools may be counterproductive, by neglecting the principle of the best interests of the child and the rights of the child to access to education” (CRC/C/15/Add.240, paras. 25-26). 13 See also CERD/C/ISR/CO/13, para. 28 and E/C.12/1/Add.90, para. 16.