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.

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