A/HRC/46/30
measures have been adopted with little transparency, contain sweeping definitions of
“terrorism” and have been implemented with poor oversight.
States have reportedly incorporated their essential services, including education and
health care, within their national security apparatus in a way that disproportionately heightens
surveillance of Muslims and potentially compounds existing inequalities, including
educational and health outcomes.52 Doctors and other health personnel, social workers and
educators are co-opted as enablers of the State’s securitization apparatus by being mandated
to report who is ostensibly at risk of radicalization. British Muslims were reportedly 17 times
more likely to be referred to under the Prevent Strategy than non-Muslims across six National
Health Service trusts.53
In Germany, the authorities have reportedly closed communal rooms used by Muslim
students for prayer at some universities, citing fears that such spaces could be used for
radicalization. In Spain, teachers have been reportedly trained to consider changes in
appearance (e.g., growing a beard) as a sign of radicalization.54 In France, a bill that was
originally aimed at ending “Islamic separatism” would reportedly have increased State
control over religious associations and create suspicion of religious communities, including
Muslim communities, raising serious concerns for freedom of religion or belief.55
Direct restrictions on manifestations of religion or belief
Despite the fact that some women regard it as integral to their faith or identity, at least
11 States in Europe, Africa and South Asia impose public restrictions or bans on Muslim
head coverings – predominantly worn by women – on the grounds that this type of religious
dress is incompatible with a secular public space, violates the rights of Muslim women or
poses a security risk.56 Other States reportedly permit certain institutions (e.g., schools, places
of work or the courts) to exercise discretion on whether to permit Muslim dress. 57 Although
such laws apply to all religious symbols, Muslim women are often disproportionately
affected. As the Human Rights Committee has noted, such prohibitions can violate Muslim
women’s rights to freedom of religion or belief and non-discrimination and exacerbate their
social marginalization.58 The same may hold true for restrictions on expressions of Muslim
traditions adopted by men, such as the cut of beards.
In several States, the conditions under which Muslim individuals or groups can
establish and maintain places of worship are unpredictable. In Western Europe and North
America, rights monitors report that applications to construct mosques are disproportionately
at risk of falling afoul of zoning laws, particularly following public opposition.59 Claims of
countering extremism have been invoked in Western Europe to close mosques, including in
France60 and Austria,61 and to ban the construction of new minarets in Switzerland.62 The
52
53
54
55
56
57
58
59
60
61
62
8
and CCPR/C/SWE/CO/7, para. 22), Thailand and United Kingdom (CERD/C/GBR/CO/21-23, para.
18).
Spain (submission by Asociación Musulmana por los Derechos Humanos); United Kingdom
(https://yaqeeninstitute.org/tarekyounis/counter-radicalization-a-critical-look-into-a-racist-newindustry/); and United States (www.brennancenter.org/our-work/research-reports/why-counteringviolent-extremism-programs-are-bad-policy).
Submission by Medact.
Submission by the European Network against Racism.
https://apnews.com/article/religion-emmanuel-macron-secularism-france-billsd3146e80f369006ed6f5a0d8fe2bc1b2; www.forbroundtable.org/post/france-letter-on-the-current-billon-consolidating-the-respect-of-the-principles-of-the-republic.
Austria, Bulgaria, Cameroon, Chad, Congo, Denmark, France, Gabon, Netherlands, Norway and Sri
Lanka. Local authorities in Canada, Germany, Italy and Switzerland also ban head coverings.
www.reuters.com/article/us-kenya-women-hijab/kenya-courts-hijab-ban-ruling-sparks-fears-overmuslim-girls-schooling-idUSKCN1PJ244.
CCPR/C/123/D/2807/2016, CCPR/C/123/D/2747/2016, CCPR/C/BEL/CO/6 and
CCPR/C/NLD/CO/5.
Europe (submission by ECRI) and United States (www.bloomberg.com/news/articles/2017-0405/how-zoning-laws-are-used-to-block-mosque-construction).
www.hrw.org/news/2020/12/04/france-dissolving-anti-discrimination-group-threatens-rights.
www.politico.eu/article/vienna-mosque-shut-after-terror-attack/.
http://news.bbc.co.uk/1/hi/8385069.stm.