States must address prejudice and discrimination based on religion or belief at all levels – UN expert

NEW YORK (26 October 2023) – Widespread prejudicial attitudes at all levels, along with discriminatory legal frameworks, continue to inhibit enjoyment of freedom of religion or belief across the world, a UN expert said today.

“There is an urgent need for States to recognise and counter discrimination and hatred based on religion or belief at all levels, including parliamentarians, civil servants, law enforcement, and others,” said Nazila Ghanea, UN Special Rapporteur on freedom of religion or belief.

In her report to the General Assembly, Ghanea highlighted various authorities and other actors on whom effective enjoyment of freedom of religion or belief depends, starting from the perspective of the rights-holder.

“Violations of freedom of religion or belief often arise at the local level via authorities such as municipalities, those responsible for land, zoning and tenure, or the administration of economic and social rights, who may be acting on instructions or motivated by their own prejudices,” the expert said. “While they may take place far from the spaces in which international human rights law is debated and discussed, the actions or inactions of authorities at all levels of the domestic arena can have a devastating effect on human rights, especially on the rights of religious or belief minorities,” she said.

The report detailed the role of law enforcement, judiciaries, and parliamentarians, drawing attention to credible reports of their participation in, or refusal to prevent or ensure redress for, discrimination and violence based on religion or belief.

The Special Rapporteur called for effective training of State functionaries, effective oversight and avenues for redress, and the establishment of a national focal point for freedom of religion or belief. She further noted positive examples from which States could learn, such as inclusive engagement with religious or belief communities in urban planning, the establishment of forums for interreligious dialogue at the local level, and programmes for the training of judicial officers on freedom of religion or belief standards.

“Promoting interfaith dialogue, engaging in debate concerning freedom of religion or belief at the international level, and accepting and asserting international human rights norms, are of course important and necessary, but the work does not end there,” Ghanea said.

“The reality of widespread prejudicial and discriminatory attitudes among State functionaries at all levels can essentially render freedom of religion and belief protections a ‘dead letter’,” she said.

The expert stressed that States must reckon with the complexities and challenges of making enjoyment of freedom of religion or belief a tangible reality. “This implies not only bringing the constitutional and legal order in line with international standards, but also carrying out the hard work of changing attitudes, even if it does not seem politically convenient in the short term,” she said.

The Special Rapporteur noted that her next thematic report, following the adoption of Human Rights Council Resolution 53/1, will address advocacy of hatred based on religion or belief.

Dr. Nazila Ghanea of the Islamic Republic of Iran is the Special Rapporteur on freedom of religion or belief. She took up the mandate on 1 August 2022. Dr. Ghanea is Professor of International Human Rights Law and Director of the MSc in International Human Rights Law at the University of Oxford. She has researched and published widely in international human rights law, including on freedom of religion or belief, and served as consultant to numerous agencies.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.