A/64/159
above-mentioned examples (see paras. 18-34), illustrate the particular
vulnerability of persons deprived of their liberty, refugees, asylum-seekers and
internally displaced persons, children, persons belonging to national or ethnic,
religious and linguistic minorities and migrants as regards their ability to freely
exercise their right to freedom of religion or belief. Of course, not all persons
belonging to one of the above-mentioned groups are subject to discrimination
or intolerance based on their religion or belief. Yet, in order to address the
particular vulnerability many of them are faced with, including with regard to
their right to freedom of religion or belief, the Special Rapporteur would like to
formulate the following recommendations.
66. With regard to persons deprived of their liberty, the Special Rapporteur
would like to emphasize that it is crucial to provide the personnel of detention
facilities with adequate training and raise their awareness about the duty to
promote and respect international human rights standards for the treatment of
detainees, in particular with regard to their right to freedom of religion or
belief. The State needs to bring the applicable standards to the attention of the
relevant authorities and personnel of detention facilities and to enhance their
sensitivity that the effects of violations of the religious rights of detainees may
not be confined to the detention facilities but can also impinge on the overall
climate of religious tolerance, even at the international level.
67. Refugees, asylum-seekers and internally displaced persons also find
themselves in a situation of particular vulnerability. The Special Rapporteur
would like to refer to paragraph 80 of the outcome document of the Durban
Review Conference which reiterates that the national, regional and
international response and policies, including financial assistance, towards
refugee and internal displacement situations in different parts of the world,
should not be guided by any form of discrimination prohibited by international
law. For the whole asylum determination process it seems crucial to have
accurate, objective and up-to-date information on the countries of origin of
asylum-seekers and on any past or present religious persecution. The Special
Rapporteur would like to emphasize that asylum adjudicators should not
exclusively base their decisions on preselected sources, especially when the
situation in the country of origin or the region in question has allegedly
changed since they were last updated. Furthermore, the Special Rapporteur
would like to emphasize that well-trained, reliable and impartial interpreters
are needed for asylum interviews in order to avoid serious disadvantages for
the asylum-seekers.
68. The situation of children and their freedom of religion or belief also
deserve specific mention. In line with the concept of “evolving capacities” of the
child and in order to ensure free and informed choices about his or her freedom
of religion or belief, the Special Rapporteur would like to highlight the
following approaches. Special attention should be paid to encouraging positive
attitudes and, in view of the best interests of the child, to supporting parents to
exercise their rights and fully play their role in education in the field of
tolerance and non-discrimination. 33 Rather than leading to indoctrination,
teaching about religions and beliefs should be carried out in a fair and balanced
manner. In this regard, the Toledo Guiding Principles on Teaching about
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09-40869
See E/CN.4/2002/73, appendix, para. 9.
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