THE TANDEM PROJECT
UNITED NATIONS, HUMAN RIGHTS,
FREEDOM OF RELIGION OR BELIEF
REPORT OF THE UN SPECIAL
RAPPORTEUR ON FREEDOM OF RELIGION
OR BELIEF - U.N. HUMAN RIGHTS
COUNCIL TENTH SESSION (A/HRC/10/8)
SUMMARY - PARAGRAPHS 55-62:
CONCLUSIONS & RECOMMENDATIONS
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Issue: U.N. Special Rapporteur Report (A/HRC/10/8) paragraphs
on Gender Perspective
For: United Nations, Governments, Religions or Beliefs,
Academia, NGOs, Media, Civil Society
Review: Promotion and Protection of all
Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including
the Right to Development, (A/HRC/10/8) - Report of the Special Rapporteur on Freedom of Religion
or Belief,
The Tandem Project
highlights section of her report leading up to its presentation before the
tenth session of the UN Human Rights Council from
Word documents (attached)
include excerpts on Dialogue, Gender Perspectives, and Economic, Social and Cultural Rights. Read all word documents for a
more complete understanding of her report.
For all 55 paragraphs read
the full report (A/HRC/10/8) by clicking on Issues, Special Rapporteur on
Freedom of Religion or Belief and then the Documents section of the OHCHR web
site available at:
The UN Special Rapporteur
on Freedom of Religion or Belief is scheduled to present her report on
Excerpts: Excerpts are presented under the Eight Articles of
the 1981 U.N. Declaration on the Elimination of all Forms of Intolerance and of
Discrimination Based on Religion or Belief. Examples of extracts are presented
prior to an Issue Statement for each Review.
1. 1 Everyone shall have the
right to freedom of thought, conscience and religion. This right shall include
freedom to have a religion or whatever belief of his choice, and freedom,
either individually or in community with others and in public or private, to
manifest his religion or belief in worship, observance, practices and teaching.
3. 1 Discrimination between
human beings on grounds of religion or belief constitutes an affront to human
dignity and a disavowal of the principles of the Charter of the United Nations,
and shall be condemned as a violation of the human rights and fundamental
freedoms proclaimed in the Universal Declaration of Human Rights and enunciated
in detail in the International Covenants on Human Rights, and as an obstacle to
friendly and peaceful relations between nations.
SUMMARY
The Special Rapporteur on freedom of religion or
belief submits the present report to the Human Rights Council pursuant to its
resolution 6/37. The report is divided into tow main sections. In the first
part, the Special Rapporteur outlines the activities carried out according to
the four pillars of the mandate’s terms of reference since their review,
rationalization and improvement in December 2007. She highlights the importance
of initiatives in the fields of education, public awareness and inter-religious
dialogue, as well as State action against advocacy of religious hatred that
constitutes incitement to discrimination, hostility or violence. Applying a
gender perspective, the Special Rapporteur also addresses discriminatory and
harmful practices against women and refers to several communications sent to
Governments and to country reports.
In the second part, the Special Rapporteur
provides a preliminary analysis of discrimination based on religion or belief
and its impact on the enjoyment of economic, social and cultural rights. With
regard to the legal framework at the international level, she emphasizes that
non-discrimination is an overarching principle that applies to all human
rights, including freedom of religion or belief. She recalls that it is crucial
to prevent discrimination with regard to the enjoyment of economic, social and
cultural rights, since minorities and vulnerable groups are particularly
affected when States do no abide by their obligations to respect, protect and
fulfill these rights. The Special Rapporteur then highlights some of the
recurrent issues encountered in the mandate practice in order to illustrate the
adverse impact of discrimination based on religion or belief on the enjoyment
of the rights to work, to adequate food and housing, to health, to education
and to take part in cultural life.
The Special Rapporteur concludes that
discrimination based on religion or belief often emanates from deliberate State
policies to ostracize certain religious or belief communities and to restrict
or deny their access, for example, to health services, public education or
public posts. States have the duty to refrain from discriminating against
individuals or groups of individuals based on their religion and belief
(obligation to respect); they are required to prevent such discrimination,
including from non-State actors (obligation to protect); and States must take
steps to ensure that, in practice, every person on their territory enjoys all
human rights without discrimination of any kind (obligation to fulfill).
Lastly, the Special Rapporteur recalls that all
human rights are universal, indivisible, interdependent and interrelated.
Consequently, there should not be a different approach between discrimination
affecting the enjoyment of civil and political rights on the one hand, and
discrimination affecting the enjoyment of economic, social and cultural rights
on the other.
CONCLUSIONS AND RECOMMENDATIONS
55. Sixty years ago, the General Assembly adopted
the Universal Declaration of Human Rights, which stipulates, inter alia, that
“the advent of a world in which human beings shall enjoy freedom of speech and
belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people.” It furthermore emphasized that everyone is
entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind such as race, color, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status.
Unfortunately, there remains a long was to go in order to achieve the goals laid
down in the Declaration. Indeed, discrimination based on religion or belief
preventing individuals from fully enjoying all their human rights still occurs
worldwide on a daily basis.
56. The issue of discrimination based on religion
or belief has been at the heart of the mandate since its inception in 1986,
when the mandate was still entitled “Special Rapporteur on religious
intolerance”. Over the years, the
Special Rapporteur has reported on numerous cases of discrimination adversely
affecting civil, cultural, economic, political and social rights. By discussing
the impact of discrimination based on religion or belief on the enjoyment of economic, social and
cultural rights in the present report, the Special Rapporteur has highlighted
some of the problematic trends in this area. She hopes that this preliminary
analysis might lead to a deeper reflection on this important issue.
57. In many countries, religion is exploited for
political ends. As illustrated in the report, discrimination based on religion
or belief often emanates from deliberate State policies to ostracize certain
religious or belief communities and to restrict or deny their access to, for
example, health services, public education or public posts. State authorities
usually tend to be more sensitive to the interests of a religious majority
community and, as a result, minority religions or beliefs may find themselves
marginalized or discriminated against.
58. The Special Rapporteur recalls that States have
the duty to refrain from discriminating against individuals or groups of
individuals based on their religion and belief (obligation to respect); they
are required to prevent such discrimination, including from non-State actors
(obligation to protect); and must take steps to ensure that, in practice, every
persons in their territory enjoys all human rights without discrimination of
any kind (obligation to fulfill).
59. In order to implement these obligations,
States have several tools at their disposal. These include the removal of de
jure and de facto obstacles to the exercise on an equal footing of all human
rights. In this regard, the training of State officials may constitute an
important measure to ensure that the principle of non-discrimination, including
on the basis of religion or belief, is respected by the State. Monitoring
compliance with anti-discrimination legislation by the private sector and
offering quality public education also seem vital to promote the principle of
non-discrimination in society. Furthermore, legal remedies must be provided to
individuals in order to allow them to seek redress against discrimination based
on religion or belief. In addition, States should envisage protective measures
in favor of certain population groups, including religious minorities, to
provide those who do not have sufficient means with equal access to basic
services, such as health care or education.
60. In order to take appropriate measures to
remedy persistent inequalities and religious differentials in relation to human
rights, the Special Rapporteur recommends that States collect disaggregated
data and that they encourage in-depth analyses pertaining to the socio-economic
situation of religious and belief communities. However, she cautions against
improper utilization of these data, which may further cluster the population
into artificial categories and ultimately lead to a more polarized and
intolerant society.
61. All human rights are universal, indivisible,
interdependent and interrelated. Consequently, there should not be a different
approach between discrimination affecting the enjoyment of civil and political
rights on the one hand, and discrimination affecting the enjoyment of economic,
social and cultural rights on the other. As reiterated in several general
comments by the Committee on Economic, Social and Cultural Rights, the
principle of non-discrimination in the enjoyment of the rights guaranteed by
the Covenant on Economic, Social and Cultural Rights is not subject to the rule
of the progressive realization of rights or to the availability of resources.
It is immediately and fully applicable to all the rights guaranteed by the
Covenant and encompasses all internationally prohibited grounds of
discrimination.
62. The entry into force of the Optional Protocol
to the Covenant on Economic, Social and Cultural Rights recently adopted by the
General Assembly should enable those suffering from violations of their
economic, social and cultural rights to see remedies and to hold those responsible
to account for their actions. In a joint press statement of 10 December 2008,
the Special Rapporteur and 35 other special procedures mandate-holders
expressed their sincere hope that the views adopted by the Committee on
Economic, Social and Cultural Rights under the Optional Protocol procedures
will be used by the human rights community to assist States in taking concrete
steps to realize the rights of all and to reach out to the most marginalized
and disadvantages, who are the most likely to have their rights violated. In
the view of the Special Rapporteur, the promotion of the realization of
economic, social and cultural rights may ultimately contribute to enhancing
religious tolerance and preventing discrimination.
ISSUE STATEMENT: International Human Rights Standards on Freedom or
Religion or Belief are international law and universal codes of conduct for
peaceful cooperation, respectful competition and resolution of conflicts. The
standards are a platform for inclusive and genuine dialogue on core principles
and values within and among nations, all religions and other beliefs.
United Nations Secretary
General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; never
in our lifetime has there been a more desperate need for constructive and
committed dialogue, among individuals, among communities, among cultures, among
and between nations.” Another writer in a different setting said, the warning
signs are clear: unless we establish genuine dialogue within and among all
kinds of belief, ranging from religious fundamentalism to secular dogmatism,
the conflicts of the future will probably be even more deadly.
As we are all painfully
aware, religious conflict continues to escalate worldwide whether in the
Surely one of the best hopes for the future of
humankind is to embrace a culture in which religions and other beliefs accept
one another, in which wars and violence are not tolerated in the name of an
exclusive right to truth, in which children are raised to solve conflicts with
mediation, compassion and understanding.
Did God create us or did
we create God? This question calls for inclusive and genuine dialogue,
respectful and thoughtful responses, discussion of taboos and clarity by
persons of diverse beliefs. Inclusive and genuine is dialogue between people of
theistic, non-theistic and atheistic beliefs, as
well as the right not to profess any religion or belief. These UN
categories are embodied in international law to promote tolerance and prevent
discrimination based on religion or belief.
Inclusive and genuine
dialogue is essential as a first step in recognition of the inherent dignity,
equal and inalienable rights of all members of the human family, and a
foundation for freedom, justice and peace in the world. Leaders of religious
and non-religious beliefs sanction the truth claims of their own traditions.
They are the key to raising awareness and acceptance of the value of holding
truth claims in tandem with human rights standards on freedom of religion or
belief.
The challenge is to
reconcile international human rights standards on freedom of religion or belief
with the truth claims of religious and non-religious beliefs.
_____________________________________________________________________________________________
Documents Attached:
2009 Report by UN Special Rapporteur on Freedom of Religion or Belief - Summary & Recommendations
2009 Report by UN Special Rapporteur on Freedom of Religion or Belief - Gender
2009 Report by UN Special Rapporteur on Freedom of Religion or Belief - Dialogue
2009 Report by UN Special Rapporteur on Freedom of Religion or Belief - ESCR
STANDARDS: http://www.tandemproject.com/program/81_dec.htm
The Tandem Project: a non-governmental organization founded
in 1986 to build understanding, tolerance and respect for diversity, and to
prevent discrimination in matters relating to freedom of religion or belief.
The Tandem Project, a non-profit NGO, has sponsored multiple conferences,
curricula, reference materials and programs on Article 18 of the International
Covenant on Civil and Political Rights – Everyone shall have the right to
freedom of thought, conscience and religion - and 1981 United Nations Declaration
on the Elimination of All Forms of Intolerance and Discrimination Based on
Religion or Belief.
The Tandem Project
initiative is the result of a co-founder representing the World Federation of
United Nations Associations at the United Nations Geneva Seminar, Encouragement of Understanding, Tolerance
and Respect in Matters Relating to Freedom of Religion or Belief,
called by the UN Secretariat in 1984 on ways to implement the 1981 UN
Declaration. In 1986, The Tandem Project organized the first NGO International
Conference on the 1981 UN Declaration.
The Tandem Project
Executive Director is: Michael M. Roan, mroan@tandemproject.com.
The Tandem Project is a UN NGO in
Special Consultative Status with the
Economic and Social Council of
the United Nations
Challenge: to reconcile international human rights
standards on freedom of religion or belief with the truth claims of religious
and non-religious beliefs.
United Nations Secretary
General Ban Ki Moon, at the Alliance of Civilizations Madrid Forum said; never
in our lifetime has there been a more desperate need for constructive and
committed dialogue, among individuals, among communities, among cultures, among
and between nations. Another writer in different setting said; the warning
signs are clear, unless we establish genuine dialogue within and among all
kinds of belief, ranging from religious fundamentalism to secular dogmatism,
the conflicts of the future will probably be even more deadly.
Did God create us or did
we create God? This question calls for inclusive and genuine dialogue,
respectful and thoughtful responses, discussion of taboos and clarity by
persons of diverse beliefs. Inclusive and genuine is dialogue between people of
theistic, non-theistic and atheistic beliefs, as
well as the right not to profess any religion or belief. These UN
categories embodied in international law promote tolerance and prevent
discrimination based on religion or belief.
Inclusive and genuine
dialogue is essential as a first step in recognition of the inherent dignity,
equal and inalienable rights of all members of the human family as a foundation
for freedom, justice and peace in the world. Leaders of religious and
non-religious beliefs sanction the truth claims of their own traditions. They
are the key to raising awareness and acceptance of the value of holding truth
claims in tandem with human rights standards on freedom of religion or belief.
____________________________________________________________
Goal: To eliminate all forms of intolerance and
discrimination based on religion or belief.
Purpose: To build understanding and support for
Article 18, International Covenant on Civil and Political Rights –Everyone
shall have the right to freedom of thought, conscience and religion - and the
1981 UN Declaration on the Elimination of All Forms of Intolerance and
Discrimination Based on Religion or Belief. Encourage the United Nations,
Governments, Religions or Beliefs, Academia, NGOs, Media and Civil Society to
utilize International Human Rights Standards on Freedom of Religion or Belief
as essential for long-term solutions to conflicts
in all matters relating to religion or belief.
Objectives:
1. Use International
Human Rights Standards on Freedom of Religion or Belief as a platform for
genuine dialogue on the core principles and values within and among nations,
all religions and other beliefs.
2. Adapt these human
rights standards to early childhood education, teaching children, from the very
beginning, that their own religion is one out of many and that it is a personal
choice for everyone to adhere to the religion or belief by which he or she
feels most inspired, or to adhere to no religion or belief at all.1
History: In 1968 the United Nations deferred work on an
International Convention on the Elimination of all Forms of Religious
Intolerance, because of its apparent complexity and sensitivity. In the twenty-first
century, a dramatic increase of intolerance and discrimination on grounds of
religion or belief is motivating a worldwide search to find solutions to these
problems. This is a challenge calling for enhanced dialogue by States and
others; including consideration of an International Convention on Freedom of
Religion or Belief for protection of and accountability by all religions or
beliefs. The tensions in today’s world inspire a question such as:
Should the United Nations
adopt an International Convention on Freedom of Religion or Belief?
Response: Is it the appropriate moment to
reinitiate the drafting of a legally binding international convention on
freedom of religion or belief? Law making of this nature requires a minimum
consensus and an environment that appeals to reason rather than emotions. At
the same time we are on a learning curve as the various dimensions of the
Declaration are being explored. Many academics have produced voluminous books
on these questions but more ground has to be prepared before setting up of a UN
working group on drafting a convention. In my opinion, we should not try to
rush the elaboration of a Convention on Freedom of Religion or Belief,
especially not in times of high tensions and unpreparedness. - UN Special Rapporteur on Freedom of Religion or Belief,
Option: After forty years this may be the time,
however complex and sensitive, for the United Nations Human Rights Council to
appoint an Open-ended Working Group to draft a United Nations Convention on
Freedom of Religion or Belief. The mandate for an Open-ended Working Group
ought to assure nothing in a draft Convention will be construed as restricting
or derogating from any right defined in the Universal Declaration of Human
Rights, the International Covenants on Human Rights, and the 1981 UN
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.
Separation of Religion or Belief
and State
Concept: Separation of Religion or Belief and State - SOROBAS. The First Preamble to the 1948 United Nations
Universal Declaration of Human Rights reads; “Whereas
recognition of the inherent
dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world. This concept
suggests States recalling their history, culture and constitution adopt fair
and equal human rights protection for all religions or beliefs as described in
General Comment 22 on Article 18, International Covenant on Civil and Political
Rights, UN Human Rights Committee,
Article
18: protects theistic, non-theistic and atheistic beliefs, as well as the right not
to profess any religion or belief.
The terms belief and religion are to be broadly construed. Article 18 is not
limited in its application to traditional religions or to religions and beliefs
with international characteristics or practices analogous to those of
traditional religions. The Committee therefore views with concern any tendency
to discriminate against any religion or belief for any reasons, including the
fact that they are newly established, or represent religious minorities that
may be the subject of hostility by a predominant religious community.
Article
18: permits
restrictions to manifest a religion or belief only if such limitations are
prescribed by law and necessary to protect public safety, order, health or
morals, or the fundamental rights and freedoms of others.
International Human Rights Standards on Freedom of
Religion or Belief are used to review the actions of governments, religions or
beliefs, non-governmental organizations and civil society under constitutional
systems such as Separation of Church and State,
Dialogue: International Human Rights Standards on Freedom or
Religion or Belief are international law and universal codes of conduct for
peaceful cooperation, respectful competition and resolution of conflicts. The
standards are a platform for inclusive and genuine dialogue on core principles
and values within and among nations, all religions and other beliefs.
Education: Ambassador
1981 U.N. Declaration on
Freedom of Religion or Belief
5.2: Every child shall enjoy the right to have access
to education in the matter of religion or belief in accordance with the wishes
of his parents, and shall not be compelled to receive teaching on religion or belief
against the wishes of his parents, the best interests of the child being the
guiding principle.” With International Human Rights safeguards, early childhood
education is the best time to begin to build tolerance, understanding and
respect for freedom of religion or belief.
5.3: The child shall be protected from any form of
discrimination on the grounds of religion or belief. He shall be brought up in
a spirit of understanding, tolerance, and friendship among peoples, peace and
universal brotherhood, respect for the freedom of religion or belief of others
and in full consciousness that his energy and talents should be devoted to the
service of his fellow men.