A/68/290
different religious traditions. This can lead to more gender-sensitive readings of
religious texts and far-reaching discoveries in this field. In virtually all traditions
one can indeed find persons or groups who make use of their freedom of religion or
belief as a positive resource for the promotion of equality between men and women,
often in conjunction with innovative interpretations of religious sources and
traditions. This accounts for the possibility of direct synergies between freedom of
religion or belief on the one hand and policies for promoting the equal rights of
women on the other. Impressive examples of initiatives undertaken by women and
men of different religious persuasions clearly show that synergetic efforts in this
regard actually exist and should not be underestimated.
29. At the same time, one has to face the reality of conflicting interests in this
area. For instance, some religious community leaders have rejected
anti-discrimination stipulations imposed by the State, in which they may see an
undue infringement of their right to internal autonomy. There are also cases of
parents objecting to gender-related education programmes becoming part of the
school curriculum, since they fear this may go against their religious or moral
convictions. Dealing with such complicated conflicts requires a high degree of
empirical precision, communicative openness and normative diligence with a view
to doing justice to all human rights claims involved.
30. Moreover, the Special Rapporteur notes with concern that such harmful
practices as female genital mutilation, forced marriage, honour killings, enforced
ritual prostitution or denying girls their rights to education are defended in the name
of religious traditions. Such defence is frequently controversial within the various
religious communities themselves, and many followers of the respective
communities (possibly their overwhelming majority) may be heavily opposed to
such practices and also voice their opposition publicly. If those still performing
harmful practices try to invoke religious freedom for their actions, this must become
a case for restricting the freedom to manifest one’s religion or belief. The Special
Rapporteur would like to reiterate what his predecessor pointed out in her final
report to the General Assembly: “The Special Rapporteur strongly believes that the
mandate needs to continue highlighting discriminatory practices that women have
had to suffer over centuries and continue to do so, sometimes in the name of religion
or within their religious community. It can no longer be taboo to demand that
women’s rights take priority over intolerant beliefs used to justify gender
discrimination.” (see A/65/207, para. 69). The current mandate holder fully shares
the assessment formulated by his predecessor. Indeed, as a human right, freedom of
religion or belief can never serve as a justification for violations of the human rights
of women and girls.
31. When arguing for limitations of a right to freedom, it remains crucial to
exercise empirical and normative diligence at all times. Sometimes supposed
conflicts between freedom of religion or belief and equality between men and
women may rest on mere conjectures. Moreover, restrictions on freedom of religion
or belief cannot be legitimate unless they meet all the criteria prescribed for
limitations in article 18, paragraph 3, of the International Covenant on Civil and
Political Rights. The reasonable assumption that promoting equality between men
and women always constitutes a legitimate purpose does not in itself suffice to
justify restrictions; such restrictions must also have a legal basis, they must actually
be conducive to pursuing the said purpose and one has to demonstrate that less
restrictive means are not available. Finally, freedom of religion or belief strictly
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