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

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