A/HRC/10/8
page 2
Summary
The Special Rapporteur on freedom of religion or belief submits the present report to the
Human Rights Council pursuant to its resolution 6/37. The report is divided into two main
sections. In the first part, the Special Rapporteur outlines the activities carried out according to
the four pillars of the mandate’s terms of reference since their review, rationalization and
improvement in December 2007. She highlights the importance of initiatives in the fields of
education, public awareness and interreligious dialogue, as well as State action against advocacy
of religious hatred that constitutes incitement to discrimination, hostility or violence. Applying a
gender perspective, the Special Rapporteur also addresses discriminatory and harmful practices
against women and refers to several communications sent to Governments and to country
reports.
In the second part, the Special Rapporteur provides a preliminary analysis of
discrimination based on religion or belief and its impact on the enjoyment of economic, social
and cultural rights. With regard to the legal framework at the international level, she emphasizes
that non-discrimination is an overarching principle that applies to all human rights, including
freedom of religion or belief. She recalls that it is crucial to prevent discrimination with regard to
the enjoyment of economic, social and cultural rights, since minorities and vulnerable groups are
particularly affected when States do not abide by their obligations to respect, protect and fulfil
these rights. The Special Rapporteur then highlights some of the recurrent issues encountered in
the mandate practice in order to illustrate the adverse impact of discrimination based on religion
or belief on the enjoyment of the rights to work, to adequate food and housing, to health, to
education and to take part in cultural life.
The Special Rapporteur concludes that discrimination based on religion or belief often
emanates from deliberate State policies to ostracize certain religious or belief communities and
to restrict or deny their access, for example, to health services, public education or public posts.
States have the duty to refrain from discriminating against individuals or groups of individuals
based on their religion and belief (obligation to respect); they are required to prevent such
discrimination, including from non-State actors (obligation to protect); and States must take steps
to ensure that, in practice, every person on their territory enjoys all human rights without
discrimination of any kind (obligation to fulfil).
Lastly, the Special Rapporteur recalls that all human rights are universal, indivisible,
interdependent and interrelated. Consequently, there should not be a different approach between
discrimination affecting the enjoyment of civil and political rights on the one hand, and
discrimination affecting the enjoyment of economic, social and cultural rights on the other.