A/68/268
While offering general recognition and respect for the religious and cultural
practices and traditions of minorities, it is the responsibility of Government and
minorities alike to ensure that those practices and traditions do not contravene the
human rights of any individual.
58. An intersectional and claimant-centred approach is important to protect the
rights of women belonging to religious minorities. Women should not be externally
compelled, in seeking remedies for violations, to choose from among their religion,
their community and their rights. The authorities should seek to respond to the
situation in a manner that upholds women’s agency, utilizes dispute resolution
procedures where appropriate, and is sensitive to intersectional belonging in the way
that those women freely define it. The fourth session of the Forum on Minority Issues,
which was held in November 2011, was dedicated to the theme “guaranteeing the
rights of minority women and girls” 14 and produced concrete recommendations to
protect the rights of minority women and girls.
6.
Recognition and registration
59. Where they are fully recognized as distinct religious communities with
specific needs and equal rights, religious minorities may find an enabling and
non-discriminatory environment that facilitates and ensures their minority rights.
Where religious communities are not recognized, severe barriers may exist for them
not only in terms of their right to practise their religion freely, but also in their
ability to participate fully and equally in all aspects of society. The requirements of
religion, for example with regard to the establishment or renovation of places of
worship, administrative offices, religious community centres or associations and the
establishment of service providers for specific dietary or other requirements, mean
that recognition is particularly important.
60. Many States have established registration processes in order for religious
communities to be able to become legally recognized and benefit from legal and
policy measures enabling them to manage their communal activities. However, some
States base recognition on historical provisions and structures and consequently grant
recognition to only a few religious minorities present in the State. 15 States with a
dominant State-religion relationship may be strongly influenced by that religion’s
dictates regarding which religious minorities are officially recognized and which are
not. States with a dominant State-ideology relationship or secular States alike may not
understand the range of community activities associated with religious minority
“existence and continuity” and, whether intentionally or otherwise, may restrict the
legitimate enjoyment of related rights.
61. It is essential to ensure that all procedures for registration are accessible,
inclusive, non-discriminatory and not unduly burdensome. 16 Registration procedures
designed to limit beneficiaries due to political or social intolerance run afoul of
human rights standards. Those intended to exclude non-traditional religions or
__________________
14
15
16
13-41869
See http://www.ohchr.org/EN/HRBodies/HRC/Minority/Pages/Session4.aspx.
This contrasts with the view of the Human Rights Committee, which insists that “existence”
does not depend on the decision of States parties but is required to be established by objective
criteria (see CCPR/C/21/Rev.1/Add.5, para. 5.2).
Communications reports of Special Procedures, A/HRC/19/44, p. 35, HUN2/2011, regarding
alleged draft bill requiring re-registration and severely restricting qualification for “religious
communities” rather than “religious organizations”.
15/23