A/HRC/34/50
43.
The Special Rapporteur notes that unlawful restrictions imposed by States on
manifestations of the right to freedom of religion or belief are common, recurring and
continue to comprise the majority of violations of this right. A review of information
published by United Nations human rights mechanisms, including the Working Group on
the Universal Periodic Review and the treaty bodies, such as the Human Rights Committee,
shows that many States rely on restrictions as the rule and not the exception, and often fail
to provide any justification for limiting the right to freedom of religion or belief pursuant to
the criteria laid out in article 18 (3) of the International Covenant on Civil and Political
Rights. When States give a justification for restricting manifestations of this right, they
often do so with vague or overly broad regulations that fail to meet the strict requirements
of article 18 (3).
B.
Non-discrimination and equality, and persons and groups in vulnerable
situations
44.
Article 2 (1) of the International Covenant on Civil and Political Rights requires
State parties to respect and ensure that all individuals within their territory enjoy the rights
recognized in the Covenant “without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status”. It is the cornerstone of the principle of non-discrimination in international
human rights law. The principle of non-discrimination applies to both the enjoyment and
lawful restriction of this right. Indeed, in the view of the Special Rapporteur, a claim for
equality for all is inherent to the right to freedom of religion or belief.
45.
Nonetheless, a large percentage of discriminatory provisions imposed by States and
actions taken by non-State actors are based on religion or belief, and disproportionately
target religious minorities or, more generally, those deemed “non-believers”. As already
noted, while official status or recognition for a particular religion or belief does not per se
violate a State’s obligations under article 18 of the International Covenant on Civil and
Political Rights, the right to freedom of religion or belief is most challenged when the State
assumes the role of guardian or custodian of certain truth claims rooted in a majority
religion (or in a few cases, minority religion). The Special Rapporteur notes that, in certain
States where religion has been given “official” or privileged status, other fundamental
rights of individuals – especially women, religious minorities and members of the LGBTI
community – are disproportionately restricted or vitiated under threat of sanctions as a
result of obligatory observation of State-imposed religious orthodoxy, such as wearing the
hijab or the need to conceal sexual orientation or gender identity. The right to freedom of
religion or belief is further challenged by attempts by States to impose a doctrinal
secularism as noted above, to sanitize the public sphere of concepts associated with
religious or belief systems. Therefore, it is reasonable to assume that State-religion
relationships can, both directly and indirectly, lead to the unintended or deliberate
perpetuation of discriminatory practices that undermine the right to freedom of religion or
belief of minority communities.
46.
In response, discussions held at the international level on discrimination against
religious minorities have advanced significantly in recent decades, a trend that should be
welcomed and encouraged. Apart from the ongoing need to tackle direct and open
manifestations of discrimination, there is a need for greater sensitivity to more obscure
forms of discrimination, such as prima facie “neutral” rules prescribing certain dress codes
in public institutions. Although they usually do not target a specific community openly,
such rules can amount to discrimination against persons belonging to religious minorities if
those persons (often women) follow their conscience in following a particular dress code.
Similar problems may arise with regard to dietary rules, fasting, public holidays, labour
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