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interpretations of religious sources or by an ideological commitment to impose a
particular world view. Such violations are most often aggravated in situations,
including conflict situations, where the level of intolerance is at its hig hest, rule of
law is at its weakest and fear is the common currency.
37. Non-State actors such as business entities are not immune to this trend. They
can, and have, claimed a supposed “right” to discriminate by refusing to provide
services to persons, including women, lesbian, gay, bisexual, transgender and
intersex persons and members of minority religious communities, on the basis of
religious objections. This discrimination can take many forms, including refusal to
hire or promote individuals who do not adhere to a particular faith, requiring
selective background checks for those suspected of belonging to a particular faith,
refusal to provide insurance coverage for contraception for employees or refusal of
services altogether.
D.
Securitization of religion or belief
38. The securitization of religion or belief is largely a State response to countering
violence in the name of religion. Non-State actors who use violence in the name of
religion have been responsible for some of the most egregious human rights
violations, including killing, torture, enslavement and trafficking, rape and other
sexual abuse amounting to crimes against humanity and genocide (see
A/HRC/32/CRP.2). Undoubtedly, States must be empowered to carry out t heir
obligations to counter terrorism and violent extremism. Yet an overly securitized
approach to countering violent extremism in the name of religion has often proven
to be counterproductive and has led to increased levels of religious intolerance.
39. In his report to the Human Rights Council, the Special Rapporteur briefly
addressed the issue of securitization of religion as a troubling phenomenon that has
played an increasing role in the restriction of the right to religion or belief. He noted
that the phenomenon, which is “largely a State response to countering violence in
the name of religion, further compounds the corrosive conditions that already
undermine the right to freedom of religion or belief” and will require close scrutiny
(A/HRC/34/50, para. 37).
40. What is clear, therefore, is that the State response to violent extremism in the
name of religion cannot rely solely on a securitization model that is dependent on
brute force, or one that treats security and the respect for human rights as a zerosum game. As the Special Rapporteur noted, “while the quest for security and
efforts to promote human rights are often seen as conflicting priorities, the failure to
reconcile and resolve such tensions might actually make communities less secure”
(ibid., para. 55). This phenomenon has been acknowledged in pillar IV of the United
Nations Global Counter Terrorism Strategy and referred to repeatedly by the Special
Rapporteur on the promotion and protection of h uman rights and fundamental
freedoms while countering terrorism.
41. It is important to note that both members of religious minority groups and
religious majority communities may become victims of heavy -handed securitization
schemes that continue to be employed by States in several regions, including East
Asia, Central Asia and parts of the former Soviet Union. Over the past few years
there has been a sharp increase in the number of experts in the area of preventing or
countering violent extremism, linked to a growing cottage industry surrounding the
design and implementation of such programmes, with several countries in North
America and Western Europe taking the lead.
42. While the Special Rapporteur is keen to engage with other United Nations
rights mechanisms and governments to better understand the design and
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