Religous Discrimination §

• Religious Discrimination: is when someone or a group of people is mistreated by someone else because of their different religious views.
• There are two types of religious discrimination.
  1. direct religious discrimination: It occurs when somebody treats a religious person differently than other people.
     • For instance, refusing to hire or promote the staff or she or he gets less payment because of their religion
  2. indirect religious discrimination: It happens when an employer creates the policies that apply to all employees yet unfairly disfavor employees who follow specific religions or beliefs, for example.
     • In addition, it has a dress code that prohibits a person who wears religious clothes and unfairly sets work schedules that restrict employees from taking time off for religious observance and so on.
     • Regarding this issue, the UN also has what is called the “Declaration on the Elimination of All Forms Intolerance and of Discrimination Based on Religion and Belief”.
       • It was adopted on November 25, 1981, by UNGA resolution 36/55 with a total of 8 articles in there.

Development of international prohibition and declaration §

• The ban on discrimination based on religion is entrenched in international human rights law
  • Able to choose from options of religions
  • Able to not have a religion
• The rule of non-discrimination on grounds of belief thus must encompass all kinds of belief. States must be careful that Religion can be used as a weapon (like language) by battling factions

Example

• Religion was a dominant theme in the Reformation and Wars in Germany in the 16th century.
  • It was accepted that the ruling authority would establish a state-wide religion and force all under to accept it
  • Religious intolerence was the state policy
  • The tolerence for co-existing religions expanded in scope gradually

• The insertion of religion into non-discrimination clauses characterizes religion as a personal attribute similar to race, sex, and language as a natural phenomenon and is accepted as the norm.

• The declaration of non discrimination agaisnt religion was developed when Arcot Krishnaswami was under the UN appointed in 1956 to research on religion discrimination.

  • The report was characterized as a landmark effort for UN to end prejudice and discrimination based on religion.
  • On the recommendation of the sub-commission on prevention of discrimination and protection of Minorities, the general assembly then adopted resolution 1779 on December 1962 which demanded the rescission of discriminatory laws that had the effect of perpetuating, inter alia, religious intolerance, and adopted any necessary legislation to prohibit such.
  • And so the preparation of a draft convention on the elimination of all forms of religious intolerance was also initiated at this time, but no text was adopted yet.
  • On 25 November 1981, UNGA adopted the declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief, without any votes.
  • The UNGA states its consideration that religion or belief for anyone who professes either, is the fundamental element in his conception of life and that freedom of religion or belief should be fully respected.
  • And the UN also acknowledges that true religious freedom will contribute towards attainment of the UN’s goals of world peace, social justice and friendship among all people.

The Special Rapporteur §

• The Special Rapporteur on freedom of religion or belief is an independent expert appointed by the UN Human Rights Council.
• The mandate holder has been invited to identify existing and emerging obstacles to the enjoyment of the right to freedom of religion or belief and present recommendations on ways and means to overcome such obstacles.

The United Nations Commission on Human Rights appointed further to resolution 1986/20 a “Special Rapporteur on religious intolerance”. In 2000, the Commission on Human Rights decided to change the mandate title to “Special Rapporteur on freedom of religion or belief”, which was subsequently endorsed by ECOSOC decision 2000/261 and welcomed by General Assembly resolution 55/97. On 21 March 2019, the Human Rights Council adopted resolution A/HRC/RES/40/10, which included an extension of the mandate of the Special Rapporteur for a further period of three years. https://www.ohchr.org/en/special-procedures/sr-religion-or-belief

References §

1. RSTHR-Rhona Smith Textbook on International Human Rights Chapter 12