For the purposes of the present Declaration, the expression “intolerance and discrimination based on religion or belief” means any distinction, exclusion, restriction, or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Introduction

The expression “intolerance and discrimination based on religion or belief,” raises questions of interpretation. Any accusation of discrimination against anyone needs to be qualified with the word alleged and made with extreme care and critical thinking. A first question to be asked is if every distinction, exclusion, restriction or preference based on religion or belief is to be considered intolerant or if it is discriminatory which raises to level of legal proof. Intolerance may not be a legal violation but shows bigotry and needs to be listed in Article 4: Effective Measures, as ways to reverse this to promote tolerance. Discrimination is a legal term that should be prosecuted by law.

Objectives

Learn how to identify and distinguish between the two definitions.

• Intolerance
• Discrimination

Term 2.2.1: Intolerance

The definition of a bigot is being intolerant, especially in matters of religion, race or politics. But this is not a violation of law, unless it moves to an act of discrimination. Some states have an established state religion. It has been rightly pointed out that a formal relationship between the state and a religion may result in discrimination in some cases, but not in others. In many cases, as long as there is no impairment in the enjoyment of fundamental freedoms by institutions, groups of persons or a person based on religion or belief, such preferences could not be considered discrimination. “Common sense and facts will help to determine if discrimination is involved.” 17

Term 2.2.2: Discrimination

Discrimination as defined above can occur in all fields of civil, economic, political, social and cultural life, as well as through national, regional and local legislation. Types of discrimination, based on religion or belief, need to be identified in each of these fields and clearly understood in order for community case studies to be respected, above reproach and have validity. Once the particulars of an alleged incident are known; what, who, where, when and why it occurred in the community, then it must be put to the definition test above, to see if there is a common sense or legal basis that would make it discriminatory.

Related Examples

• Turkmenistan: The Special Rappportuer’s report for 2000 stated that “on 13 February 1999 in Gyzylarbat, the National Security Committee interrupted a religious meeting organized by the Baptist pastor Vitaly Tereshnev, a member of the Council of Evangelical Baptist Churches, on the grounds that this meeting was illegal.” This is a short by quite complete example for a case study. It tells you what happened (interrupted a Baptist meeting organized by a Pastor and declared it illegal); who did it (the State, National Security Committee); where was it done (Gyzylarbat); when was it done (13 February 1999); and why was it done (illegal meeting). The question, then, is what limitations under Article 1, paragraph 3 were used to say this religious meeting was not permitted, and was there a specific law against such a meeting.
  
• India: On 8 October 1999 in the town of Dahod, Gujarat, Christian leaders from the Filadelfia Fellowship Church, were allegedly attacked by Hindu militants for using abusive language against Hindu gods and motivating the tribal people to embrace Christianity. They were arrested by Police for actions which may incite to communal disharmony which is a law and order problem and an offence under Indian law. This is another fairly short case study example of where, when, what, who and why an alleged action was committed that may be either a case of intolerance or discrimination.

Learning Experiences

Learning the definition and difference between intolerance and discrimination is a requirement for measuring the promotion of tolerance and prevention of discrimination in all aspects of civil, economic, political, social and cultural life. Identify an incident of intolerance and one of discrimination and what the community has done about it. This might include inviting local politicians and religious leaders into class to discuss legislation regarding that would relate to the alleged incident.

TOPIC NOTES

PARAGRAPH 2.2: TWO DEFINITIONS

For the purposes of the present Declaration, the expression “intolerance and discrimination based on religion or belief” means any distinction, exclusion, restriction, or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment, or exercise of human rights and fundamental freedoms on an equal basis.

Term 2.2.1: Intolerance

Identify a case of intolerance in your community. Summarize it below by using the definition for 2.2. Why is it intolerance and not discrimination?

Term 2.2.2: Discrimination

Identify a case of discrimination in your community. Summarize it below by using the definition for 2.2. Why is it discrimination and not intolerance?

17. Artcot Krishnaswami, Study of Discrimination in the Matter of Religious Rights and Practices, U.N. Doc. E/CN.4/Sub.2/200/Rev.1 (1960) p. 14 back