Mostrando postagens com marcador Direito Internacional. Mostrar todas as postagens
Mostrando postagens com marcador Direito Internacional. Mostrar todas as postagens

sexta-feira, 12 de março de 2021

Presidente da França, Emmanuel Macron, promete lutar contra o “separatismo islâmico”

 


Presidente da França, Emmanuel Macron, promete lutar contra o “separatismo islâmico”

Orientadora: Gabriellen da Silva Xavier do Carmo, mestranda voluntária do Cedire

Autora: Marília Fabiano Roncato Sagula

O presidente francês Emmanuel Macron anunciou planos de leis mais duras para combater o que chama de “separatismo islâmico” com o intuito de defender os valores seculares. As medidas anunciadas pelo presidente visam formar uma legislação que inclui (i) o monitoramento mais rigoroso de organizações esportivas e outras associações para que não se tornem uma fachada para o ensino islâmico extremista; (ii) o fim do sistema de “imames” (sacerdotes islâmicos) enviados para a França vindos do exterior; (iii) uma maior supervisão do financiamento de mesquitas e; (iv) o ensino doméstico restrito.

Segundo Emmanuel Macron, sua conduta está sendo tomada de acordo com os princípios do secularismo, ou laïcité, da França. Contudo, conforme proposto pelo Governo Francês, o secularismo garante liberdade de consciência, assegurando a liberdade de expressar as próprias crenças ou convicções dentro dos limites do respeito pela ordem pública, implicando a neutralidade do Estado no que concerne à igualdade de todos perante a lei, sem que haja distinção de religião ou crença.

Diante disso, existem algumas acusações de que Macron tenta reprimir o Islã na França, gerando reclamações de que as autoridades usam o secularismo para atacar especificamente os islâmicos, em situações como a proibição do hijab.

Sendo assim, de acordo com os opositores ao modo como essa política vem sendo tratada por Macron no que tange à comunidade islâmica, a laïcité, que teria como proposta assegurar a liberdade de consciência e de expressão das crenças e convicções, vem, supostamente, sendo utilizada, nessas circunstâncias, como um instrumento de restrição de práticas islâmicas na França.

REFERÊNCIAS:

BBC News. France's Macron vows to fight 'Islamist separatism'. Disponível em: https://www.bbc.com/news/world-europe-54383173

GOUVERNEMENT FRANÇAIS. Observatoire de la laïcité: Qu’est-ce que la laïcité? Disponível em: https://www.gouvernement.fr/qu-est-ce-que-la-laicite.

Entre a fé e o direito: as controvérsias sobre a última indicação à Suprema Corte dos EUA

Entre a fé e o direito: as controvérsias sobre a última  indicação à Suprema Corte dos EUA

Orientadora: Gabriellen da Silva Xavier do Carmo, mestranda voluntária do Cedire

Autora: Joyce de Fátima Garcia Silva

Após a morte de Ruth Bader Ginsburg, a juíza Amy Coney Barrett  foi indicada para ocupar sua cadeira na Suprema Corte dos Estados Unidos, a mais alta instância judicial do país, que assim como o Supremo Tribunal Federal no Brasil tem a função de zelar pela constitucionalidade das leis. A Suprema Corte americana é composta por nove juízes designados pelo Presidente e posteriormente aprovados pelo Senado, para um mandato vitalício. A juíza obteve o apoio do então Presidente Donald Trump e dos grupos conservadores, principalmente por apresentar em seus discursos opiniões religiosas fortes. Amy é católica praticante, mãe de sete filhos e se opõe pessoalmente ao aborto, uma das principais questões que dominam a divisão cultural nos Estados Unidos e geram conflitos entre grupos políticos.

Um dos pontos defendidos pelos opositores à indicação era que a experiência da juíza não seria adequada para compor o Tribunal. Para embasar isso, citaram como argumento os vários artigos que ela escreveu sobre questões judiciais enquanto lecionava na Universidade de Notre Dame. Ainda nesse sentido, enfatizavam uma palestra ministrada pela juíza onde teria descrito a carreira jurídica como apenas um meio para um fim e esse fim, em sua opinião, seria a construção do Reino de Deus. Alegava-se também que as recentes decisões da magistrada deixavam transparecer suas inclinações ideológicas, a exemplo de suas atividades no Tribunal Federal de Apelações em Chicago, nas quais ela apoiou o direito das armas, se opôs aos migrantes e mulheres que buscavam o aborto e se posicionou contra o Affordable Care Act, ou "Obamacare", a reforma da saúde promovida pelo ex-presidente que os republicanos buscam desmontar por anos, bem como teve a intenção de derrubar a decisão do caso Roe v. Wade, um marco histórico que tratou da legalização do aborto nos EUA.

Ocorre que, partindo do pressuposto de que a função exercida por um juiz deve ser de todas as formas pautadas pela imparcialidade, o fato de a magistrada expressar suas opiniões de forma aberta e incisiva poderia transparecer parcialidade em relação a determinados assuntos que podem se tornar objeto de ações judiciais na Suprema Corte num futuro próximo.

Entretanto, em meio às diversas opiniões que dividem o país, o apoio que Amy Coney Barrett teve por parte da bancada conservadora foi bastante significativo, bem como o apoio do então Presidente. A juíza ganhou ainda mais força em seu processo de confirmação no Senado, em que se envolveu em um conflito com a veterana democrata Dianne Feinstein, que se pronunciara sobre alguns de seus dogmas, declarações essas que foram usadas posteriormente por partidários de Barrett para acusar a própria Feinstein de intolerância, o que fomentou sua posição entre a direita religiosa.

Ademais, é necessário salientar que o fato de um indivíduo professar determinada convicção religiosa ou crença não o desabona para exercer qualquer atividade profissional. Afinal, juízes, como qualquer pessoa, possuem suas convicções e crenças particulares, as quais irão influenciar em certa medida o seu modo de vida, o que não significa necessariamente que o seu trabalho terá a qualidade reduzida ou que agirão com parcialidade e partidarismo.

Diante desse contexto, pode-se refletir sobre diferentes questões, dentre elas: Qual é o lugar das convicções e crenças particulares no exercício de funções públicas? Como deve ser a relação entre as convicções pessoais e o exercício de autoridade pública em uma sociedade democrática? 

REFERÊNCIAS:

https://www.npr.org/2020/09/29/917943045/amy-coney-barretts-catholicism-is-controversial-but-may-not-be-confirmation-issu

https://foreignpolicy.com/2020/10/28/barrett-court-catholicism-religion-judges-abortion/

 

quinta-feira, 5 de julho de 2018

XVIII Coloquio Latino-Americano Rio 2018


XVIII Colóquio Anual do Consórcio Latino-Americano de Liberdade Religiosa 

"Povos originários, cultura e liberdade religiosa" 

Rio de Janeiro, 10 a 12 de Setembro de 2018 


O Consórcio Latino-Americano de Liberdade Religiosa, em parceria com o Centro Brasileiro de Estudos sobre Direito e Religião da Universidade Federal de Uberlândia e com o apoio da Escola da Advocacia Geral da União da 2ª Região, convida a todos os interessados para participarem do XVIII Colóquio Anual do Consórcio Latino-Americano de Liberdade Religiosa, que será realizado na cidade do Rio de Janeiro, nos dias 10 a 12 de setembro de 2018.

O evento, que ocorrerá na sede da Escola da Advocacia Geral da União (Avenida Almirante Barroso, n. 81, 2º Andar, Centro - Rio de Janeiro, RJ), reunirá professores, pesquisadores e outros profissionais que se dedicam ao estudo e à promoção da liberdade de religião ou crença especialmente no contexto latino-americano, mas também vindos da Europa e dos Estados Unidos.

Observa-se que, no dia 12 de setembro, ocorrerá a apenas a Assembleia Geral do Consórcio Latino-Americano de Liberdade Religiosa, cuja participação será restrita aos membros e convidados. 

Informações sobre a programação e inscrições, acesse: http://www.direitoereligiao.org/p/xviii-coloquio-rio-2018.html.


quinta-feira, 15 de dezembro de 2016

IDLO REPORT: FREEDOM OF RELIGION OR BELIEF: CURRENT DILEMMAS AND LESSONS LEARNED

International Development of Law Organization

FREEDOM OF RELIGION OR BELIEF:
CURRENT DILEMMAS AND LESSONS LEARNED

Date of Publication: Tuesday, November 8, 2016

About this publication:

Aligning freedom of religion or belief policies with international human rights standards often involves a difficult balancing act among rights, and likewise between religious traditions and national security.

These and other complex issues are surveyed in Freedom of Religion or Belief and the Law, along with the role of the law in finding solutions that are effective, fair and sustainable.

Informed by consultative workshops with funding support from the Government of Italy, Freedom of Religion or Belief and the Law emphasizes the complex issues surrounding law and religion.

Methodology:

Freedom of Religion or Belief and the Law is the outcome of a multi-year process to promote informed dialogue on religious tolerance; support international and regional efforts to ensure full respect for the right to religion or belief; and identify, share and strengthen good rule of law practices relating to this right at national levels. With funding support from the Government of Italy, the method adopted has been both consultative and analytical.

The report is premised on the right to freedom of religion or belief as an integral part of universally recognized human rights. Informed by interactive workshops at the Third International Consortium for Law and Religious Studies Conference, the United Nations Human Rights Council Minority Forum Sixth Session on ‘Beyond Freedom of Religion or Belief: Guaranteeing the Rights of Religious Minorities’, the 25th session of the United Nations Human Rights Council, the Italian Interministerial Committee for Human Rights Conference on ‘Freedom of conscience, thought and religion: what limits to social, economic and cultural progress?’, and the United Nations Office of the Special Adviser for the Prevention of Genocide Conference on “The role of religious leaders in preventing incitement to atrocity crimes”, the report highlights the connection between violation of freedom of religion or belief and the risk or onset of serious violations of human rights, including war crimes, crimes against humanity and genocide.

Through expert workshops attended and convened, and using Freedom of Religion or Belief and the Law as a catalyst, consultations emphasized the complex issues surrounding law and religion: How should the law address tensions between religious traditions and human rights? How can law help move beyond tolerance towards true coexistence and respect? How can rites be balanced with rights? How to ensure that liberty is used as a shield and not a sword? What does freedom of religion or belief actually look like in society?

Throughout this consultative process, expert participation included:
- Supriyanto Abdi, the Asia Institute and the University of Melbourne;
- Heiner Bielefeldt, United Nations Special Rapporteur on Freedom of Religion or Belief;
- Professor Silvio Ferrari, Università degli Studi di Milano;
- Brian J. Grim, Pew Research Center;
- Rita Izsák, United Nations Independent Expert on Minority Issues; 
- Marco Lapadura, First Secretary, Permanent Mission of Italy to the United Nations Office and other international organizations in Geneva;
- H.E. Maurizio Enrico Luigi Serra, Ambassador, Permanent Mission of Italy to the United Nations Office and other international organizations in Geneva; and
- Rodrigo Vitorino Souza Alves, the Federal University of Uberlandia Law and Religion Research Group.

Additionally, through review of available empirical data from the Pew Research Center on freedom of religion or belief linked to government policy in national settings, the report analyzes select examples that illustrate both the complexity of challenges to full respect for the right to freedom of religion or belief and the value of rule of law strategies to help meet those challenges.

Freedom of Religion or Belief and the Law offers informed reflections on the critical importance of religious tolerance in contributing to respect for other human rights and strengthening good governance, the rule of law and peace and security.

About IDLO:

IDLO is the only intergovernmental organization exclusively devoted to promoting the rule of law. Governments, multilateral organizations, private foundations and the private sector support our work. We are headquartered in Rome, where we were first founded, and where we continue to enjoy strong support from the Italian government. We are present in The Hague, a city whose hospitality connects us with an unrivaled legal tradition. And we are represented at the United Nations in New York and Geneva, where we help shape the debate about human rights and development.

Source:


Download the report:

Click here


quinta-feira, 30 de junho de 2016

FORO SUDAMERICANO PARA LA LIBERTAD RELIGIOSA 2016

FORO SUDAMERICANO PARA LA LIBERTAD RELIGIOSA 2016
"La libertad religiosa, esencia de la igualdad humana"

Buenos Aires, 9 al 11 de noviembre, 2016



COMITÉ ORGANIZADOR

COMITÉ DIRECTIVO
Raúl Scialabba – Presidente del CALIR
Helio Carnassale – Director de IRLA Sudamericana
Luís Mendiola – Secretario del CALIR
Darío Bruno – Director de IRLA Argentina

COMITÉ EJECUTIVO
Juan Navarro Floria
David Frol
Waldo Villalpando
Raúl Rocha Gutiérrez
Mario Burman

INVESTIGADORES PARTICIPANTES - INVITADOS

Dr. Ganoune Diop: Dr. en Teología y Dr. h.c. en Derechos Humanos por Andrews University. Secretario Ejecutivo de IRLA, Washington, Estados Unidos.

Dra. Elisa Carrió: Abogada. Presidenta de la Comisión de Relaciones Exteriores y Culto de la Cámara de Diputados de la Nación Argentina.

Dr. Lelio Maximino Lellis - Pos-Doctorado en Derecho por la Universidad de Columbia. Decano de la Facultad de Derecho de la UNASP, San Pablo, Brasil.

Dr. Juan Martín Vives - Doctor en Derecho Público Global (Universidad Autónoma de Barcelona, España). Director del Centro de Estudios sobre Derecho y Religión (UAP).

Dr. Rodrigo Vitorino Souza Alves - Master en Derecho. Coordinador del CEDIRE de la Universidad Federal de Uberlandia, Brasil. Doctorando en Derecho y Religión.

Dr. Juan Navarro Floria - Profesor en Ciencias Jurídicas, Iglesia y Estado, Derecho Civil y Eclesiástico (UCA) Buenos Aires. Investigador del ICLRS, CALIR., Escritor.

Dr. Octavio Lo Prete - Docente de Derecho en la UBA y UCA, Buenos Aires. Miembro del ICLRS. Asesor de la Secretaria de Culto de la Nación Argentina. Escritor.

Dr. Raúl Rocha Gutiérrez - Prof. del Seminario Internacional Teológico Bautista, SITB. Dr. en Teología y Ciencias Sociales (UBA). Escritor teológico y Libertad Religiosa.

Dra. Damaris Dias Moura Kuo - Posgraduada en Derechos Fundamentales Univ. de Coimbra, Portugal. Pres. Comisión Derecho y Libertad Religiosa del Colegio Público de Abogados de San Pablo, Brasil.

Mg. Helio Carnassale - Master en Ciencias de la Religión por la Univ. Metodista de San Pablo. Ex Dir. General de la Universidad Adventista de San Pablo UNASP, Brasil. Dir. IRLA Sudamérica.

Listado parcial con actualizaciones semanales (consultar o site oficial)


Maiores informações: http://www.calir.org.ar/foro2016/index.htm


quinta-feira, 2 de junho de 2016

Countering Online Hate Speech (UNESCO)



UNESCO presented its new publication “Countering Online Hate Speech” during the conference on Youth and the Internet: Fighting Radicalization and Extremism held in UNESCO Paris Headquarters on 16 and 17 June 2015. This publication is part of the ongoing UNESCO Series on Internet Freedom.

The study has been developed in cooperation with the Programme in Comparative Media Law and Policy (PCMLP) at the University of Oxford. It provides a global overview of the dynamics characterizing hate speech online and some of the measures that have been adopted to counteract and mitigate it, highlighting good practices that have emerged at the local and global levels. While the study offers a comprehensive analysis of the international, regional and national normative frameworks developed to address hate speech online, and their repercussions for freedom of expression, it places particular emphasis on social and non-regulatory mechanisms that can help to counter the production, dissemination and impact of hateful messages online. 

Four main areas of tension arising between the international standards aimed to regulate freedom of expression and the obligations of states and societies to counter or limit hate speech are addressed in the study. It analyses, first, the definition of the hate speech; second, the jurisdiction of the national governments and the role of transnational companies; third, the character of hate speech online and its relation to offline speech and action; and fourth, it identifies a variety of methods that have been used to address specific and contextual problems.

The study focuses on four types of initiatives that have been launched to counteract the emergence and/or the spreading of hateful messages: i) research efforts to monitor how hate speech online emerges and spreads, developing early warning systems and methods to distinguish among different typologies of speech acts; ii) coordinated actions by members of the civil society seeking to create national and international coalitions to address emergent threats connecting online hatred and violence offline; iii) initiatives to encourage social networking platforms and Internet Service Providers to play a more robust role in actively responding to hate speech online; and iv) media literacy campaigns and initiatives aimed at preparing users to interpret and react to hateful messages. Building on these cases the study provided for a set of recommendations that can be adopted by a variety of stakeholders to develop practical and tailored responses.

The roots of the study lie in UNESCO’s fulfilment of Resolution 52 of its 37th General Conference in November 2013, as agreed by the Organization’s 195 Member States. This resolution called for a comprehensive and consultative multi-stakeholder study, within the mandate of UNESCO, on Internet-related issues of access to information and knowledge, freedom of expression, privacy, and the ethical dimensions of the Information Society.

The research into hate speech served as a contribution towards the wider study.

Authors: Igino Gagliardone, Danit Gal, Thiago Alves Pinto e Gabriela Martinez

Source: UNESCO

Publication: Report




terça-feira, 19 de abril de 2016

Ciclo de Palestras com a Dra. Sarah Hayes - Diálogos Anglo-Brasileiros sobre Direito e Religião



Diálogos Anglo-Brasileiros sobre Direito e Religião


Convidada: Dra. Sarah Hayes (Oxford Brookes University)

- LLM (Canon Law) 2015 Cardiff University (Distinction)
- BA (Hons) Politics and Modern History 1984 Manchester University
- Solicitor, Admitted 1990


Sarah Hayes has a PhD research scholarship at Oxford Brookes University. She is studying state and religions' internal laws concerning religious buildings, with a particular emphasis on the impact which the use of religious buildings for wider community use has on religions' autonomy over their buildings. The study comprises three parts: a legal analysis of state, Sikh, Islamic and some Christian denominations' laws about religious property; an examination of government inclusion policies; and case studies evidencing the practical outworking of law and policy on Gurdwaras, Churches and Mosques.


Palestras: Law and religion in the United Kingdom; Secular and religious law.



Edição de Uberlândia-MG

- Data: 16 e 17 de maio de 2016 (segunda e terça)

- Horário: 16h00-18h00

- Local: Auditório 5R A e B da Universidade Federal de Uberlândia

- Endereço: Avenida João Naves de Ávila, 2121, Uberlândia-MG

Inscrição: Enviar e-mail para labdireitoshumanos@gmail.com, informando CPF, com o assunto: "Inscrição: Diálogos Anglo-Brasileiros - (nome)".



Edição do Rio de Janeiro-RJ


* Em parceria com a Escola da AGU

- Data: 23 de maio de 2016

- Horário: 10h00-12h30 e 14h-16h30

- Local: Auditório da Escola da Advocacia Geral da União da 2ª Região

- Endereço: Rua da Assembleia. nº 77, 13º andar, Centro, Rio de Janeiro-RJ


* Em parceria com o Núcleo de Estudos Constitucionais da PUC-Rio

- Data: 24 de maio de 2016

- Horário: 14h30

- Local: Auditório B8 da Pontifícia Universidade Católica do Rio de Janeiro

- Endereço: Campus da PUC-Rio - R. Marquês de São Vicente, 225 - Gávea, Rio de Janeiro - RJ


Realização: Centro Brasileiro de Estudos em Direito e Religião; Laboratório de Direitos Humanos e Justiça Global; Escola da Advocacia Geral da União da 2ª Religião; Núcleo de Estudos Constitucionais da PUC-Rio.


Vagas limitadas!

quarta-feira, 25 de novembro de 2015

Anglo-Brazilian Dialogues on Law and Religion / Diálogos Anglo-Brasileiros sobre Direito e Religião

Anglo-Brazilian Dialogues on Law and Religion
Diálogos Anglo-Brasileiros sobre Direito e Religião

Hosted by Oxford Brookes University and the Universidade Federal de Uberlândia (Federal University of Uberlandia)

You are invited to
Participate in internationally hosted on-line seminars about law and religion
Programme
In presenting papers from two very different contexts, law and religion scholars from Brazil and the UK will provide a starting point from which to explore commonalities and differences between varying legal contexts. It is anticipated that this will stimulate discussion among participants to enrich an understanding of the legal systems in which participants are based, the status of religion within those legal systems and the relationships of religions and the adherents of religion to those legal systems.
Details of seminars
Wednesday 25 November, 2-4p.m
Sacred ground, sacred spaces, and sacred places
Rodrigo Vitorino, Director of the Law and Religion Research Group at the University of Uberlandia and Sarah Hayes from Oxford Brookes University.

Friday 11 December, 2-4 p.m.
Religious symbols and criminal law

Peter Edge, Professor with the Fundamental Rights and Equalities Group at the School of Law, Oxford Brookes University and Fábio Leite is Professor of Constitutional Law at the Pontifical Catholic University of Rio de Janeiro.
Instructions for joining the on-line conference

To participate in the conference simply complete the registration form at http://goo.gl/forms/Gv4HwgD6R7 On receipt of your details we will send you instructions on how to join the on-line conference.


quarta-feira, 17 de junho de 2015

Resolution 2036 (2015): Tackling intolerance and discrimination in Europe with a special focus on Christians

Resolution 2036 (2015)
Final version

Author(s): Parliamentary Assembly - Council of Europe

Origin: Assembly debate on 29 January 2015 (8th Sitting) (see Doc. 13660, report of the Committee on Equality and NonDiscrimination, rapporteur: Mr Valeriu Ghiletchi). Text adopted by the Assembly on 29 January 2015 (8th Sitting).


Tackling intolerance and discrimination in Europe with a special focus on Christians

1.  Intolerance and discrimination on grounds of religion or belief affect minority religious groups in Europe, but also people belonging to majority religious groups. Numerous acts of hostility, violence and vandalism have been recorded in recent years against Christians and their places of worship, but these acts are often overlooked by the national authorities. Expression of faith is sometimes unduly limited by national legislation and policies which do not allow the accommodation of religious beliefs and practices.

2.  The reasonable accommodation of religious beliefs and practices constitutes a pragmatic means of ensuring the effective and full enjoyment of freedom of religion. When it is applied in a spirit of tolerance, reasonable accommodation allows all religious groups to live in harmony in the respect and acceptance of their diversity.

3.  The Parliamentary Assembly has recalled on several occasions the need to promote the peaceful coexistence of religious communities in the member States, notably in Resolution 1846 (2011) on combating all forms of discrimination based on religion, Recommendation 1962 (2011) on the religious dimension of intercultural dialogue and Resolution 1928 (2013) on safeguarding human rights in relation to religion and belief, and protecting religious communities from violence.

4.  Freedom of thought, conscience and religion is protected by Article 9 of the European Convention on Human Rights (ETS No. 5) and considered as one of the foundations of a democratic and pluralist society. Limitations to the exercise of freedom of religion must be restricted to those prescribed by law and necessary in a democratic society.

5.  The Assembly is convinced that measures should be taken to ensure the effective enjoyment of the protection of freedom of religion or belief afforded to every individual in Europe.

6.  The Assembly therefore calls on the Council of Europe member States to:

6.1. promote a culture of tolerance and “living together” based on the acceptance of religious pluralism and on the contribution of religions to a democratic and pluralist society, but also on the right of individuals not to adhere to any religion;

6.2. promote reasonable accommodation within the principle of indirect discrimination so as to:

6.2.1. ensure that the right of all individuals under their jurisdiction to freedom of religion and belief is respected, without impairing for anyone the other rights also guaranteed by the European Convention on Human Rights;

6.2.2. uphold freedom of conscience in the workplace while ensuring that access to services provided by law is maintained and the right of others to be free from discrimination is protected;

6.2.3. respect the right of parents to provide their children with an education in conformity with their religious or philosophical convictions, while guaranteeing the fundamental right of children to education in a critical and pluralistic manner in accordance with the European Convention on Human Rights, its protocols and the case law of the European Court of Human Rights;

6.2.4. enable Christians to fully participate in public life;

6.3. protect the peaceful exercise of freedom of assembly, in particular through measures to ensure that counter-demonstrations do not affect the right to demonstrate, in line with the guidelines on freedom of assembly, of the European Commission for Democracy through Law (Venice Commission) and the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR);

6.4. uphold the fundamental right to freedom of expression by ensuring national legislation does not unduly limit religiously motivated speech;

6.5. publicly condemn the use of and incitement to violence, as well as all forms of discrimination and intolerance on religious grounds;

6.6. combat and prevent cases of violence, discrimination and intolerance, in particular by carrying out effective investigations in order to avoid any sense of impunity among the perpetrators;

6.7. encourage the media to avoid negative stereotyping and communicating prejudices against Christians, in the same way as for any other group;

6.8. ensure the protection of Christian minority communities and allow such communities to be registered as a religious organisation, and to establish and maintain meeting places and places of worship, regardless of the number of believers and without any undue administrative burden;

6.9. guarantee the enjoyment by Christian minority communities of the right to publish and use religious literature.


sexta-feira, 5 de setembro de 2014

Hans Joas Lecture: Human Rights and Universal Values




October 26, 2009 | Can there be agreement about universal human rights? Given the diversity of religious and philosophical value traditions in today's world, is consensus possible? In his third Berkley Center lecture, Hans Joas argued that much depends on the way we talk about values with one another. We have to resist the notion that human rights controversies inevitably link to a "clash of civilizations," or that individuals and groups simply embrace and articulate the values that are right for them without reasoning or communication with others. The example of the drafting of the 1948 Universal Declaration of Human Rights illustrates the importance and possibility of productive communication about universal human rights across value traditions.

Source: Berkley Center, Georgetown University

sexta-feira, 29 de agosto de 2014

Hate Speech Beyond Borders: Nazila Ghanea at TEDxEastEnd



Nazila lectures in International Human Rights Law at the University of Oxford. She has been a visiting academic at a number of institutions including Columbia and NYU, and previously taught at the University of London and Keele University, UK.

Nazila's publications include nine books, four UN publications and a number of journal articles and reports.She has acted as a human rights consultant/expert for a number of governments, the UN, UNESCO, OSCE, Council of Europe and the EU. She has facilitated international human rights law training for a range of professional bodies around the world, lectured widely and carried out first hand human rights field research in a number of countries including Malaysia, the United Arab Emirates and the United Kingdom.

She is a regular contributor to the media on human rights matters. This coverage has included BBC World Service, The Times, Radio Free Europe, BBC Woman's Hour, The Guardian, Avvenire, The Telegraph, The National (UAE), New Statesman, Sveriges Radio and El Pais.

About TEDx In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video and live speakers combine to spark deep discussion and connection in a small group. These local, self-organized events are branded TEDx, where x = independently organized TED event. The TED Conference provides general guidance for the TEDx program, but individual TEDx events are self-organized.* (*Subject to certain rules and regulations).

quinta-feira, 3 de julho de 2014

Caso S.A.S. v. França (Processo n. 43835/11) Julgamento pelo Tribunal Pleno - CEDH


Em primeiro de julho de 2014, o Tribunal Europeu dos Direitos Humanos, reunido em sessão plenária, proferiu a sentença no caso do SAS v França.

O caso teve origem em uma demanda contra a República Francesa apresentada ao Tribunal nos termos do artigo 34 da Convenção para a Protecção dos Direitos Humanos e das Liberdades Fundamentais, por uma nacional francesa, em 11 de abril de 2011.

A Requerente se queixou de que a proibição do uso de roupas que cobrem o rosto em lugares públicos, introduzida pela Lei n. 2010-1192, de 11 de outubro de 2010, privou-a da possibilidade de usar o véu islâmico em público. Ela alegou que houve uma violação dos artigos 3, 8, 9, 10 e 11 da Convenção, tomados separadamente e em conjunto com o artigo 14 da Convenção.

O Tribunal decidiu, por quinze votos a dois, que não houve violação dos artigos 8 e 9 da Convenção Europeia de Direitos Humanos, e manteve, por unanimidade, que não houve violação do artigo 14 e que nenhuma questão separada decorre o artigo 10 da Convenção, considerados isoladamente ou em conjunto com o artigo 14 da Convenção.

Para ler o Julgamento e o Voto Dissidente, clique aqui.



CASE OF S.A.S. v. FRANCE (Application no. 43835/11) Grand Chamber Judgement


In 1 July 2014, the European Court of Human Rights, sitting as a Grand Chamber, delivered the judgment in the case of S.A.S. v. France.

The case originated in an application against the French Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by a French national, on 11 April 2011.

The applicant complained that the ban on wearing clothing designed to conceal one’s face in public places, introduced by Law no. 2010-1192 of 11 October 2010, deprived her of the possibility of wearing the full-face veil in public. She alleged that there had been a violation of Articles 3, 8, 9, 10 and 11 of the Convention, taken separately and together with Article 14 of the Convention.

The Court held, by fifteen votes to two, that there has been no violation of Articles 8 and 9 of the European Convention of Human Rights, and held, unanimously, that there has been no violation of Article 14 and that no separate issue arises under Article 10 of the Convention, taken separately or together with Article 14 of the Convention.

To read the Judgement and the Dissenting Opinion, click here.


quinta-feira, 27 de fevereiro de 2014

FORUM ON MINORITY ISSUES - SIXTH SESSION - SUMMARY BY THE CHAIRPERSON OF THE FORUM

FORUM ON MINORITY ISSUES
SIXTH SESSION

"Guaranteeing the rights of religious minorities"

26 and 27 November 2013
Room XX, Palais des Nations, Geneva

SUMMARY BY THE CHAIRPERSON OF THE FORUM

Ms Hedina Sijerčić

Pursuant to Human Rights Council resolution 19/23 of 23 March 2012, the Forum on Minority Issues continues to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities, as well as thematic contributions and expertise to the work of the Independent Expert on minority issues. The Forum identifies and analyzes best practices, challenges, opportunities and initiatives for the further implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (hereinafter referred to as “the Declaration”). 

The Forum meets annually for two working days allocated to thematic discussions. The Independent Expert on minority issues, Ms. Rita Izsák, is responsible for guiding the work of the Forum, preparing its annual meetings and reporting on its thematic recommendations to the Human Rights Council. 

The sixth session of the Forum took place on 26 and 27 November 2013 in Room XX of the Palais des Nations in Geneva, Switzerland. Ms. Hedina Sijerčić was appointed as Chair of the sixth session of the Forum that focussed on "Guaranteeing the rights of religious minorities".

Over 500 participants took part in this sixth session of the Forum, including United Nations Member States and specialized agencies, intergovernmental and regional organizations, human rights treaty bodies, national human rights institutions, academics and experts as well as civil society actors working on minority issues . In addition to this wide range of stakeholders, this session brought together persons belonging to religious minorities who are actively engaged in minority rights advocacy and diverse areas of work related to the protection and promotion of the rights of religious minorities. 

A note by the Independent Expert on minority issues, Ms Rita Izsák, on guaranteeing the rights of religious minorities and a set of draft recommendations was made available to all Forum participants in advance of the Forum, and formed the basis for the discussions . 

Format of the Forum 

The Forum followed the procedure that has been developed over its previous sessions. To help focus the discussions and ensure that they would be highly inter-active, each agenda item was introduced by a few pre-determined presentations before the Forum would hear interventions from other participants, based on a sign-up sheet.

Outcome documents

The present document is prepared in accordance with Human Rights Council resolution 19/23 which requests the Chair to prepare “a summary of the discussion of the Forum, to be made available to all participants of the Forum”. This summary is to be complemented by the outcome document containing the recommendations of the Forum that will be presented by the Independent Expert on minority issues to the Human Rights Council at its 25th Regular Session in March 2014. 

This summary does not provide the full details of all presentations that were made during the Forum’s proceedings. The consolidated list of speakers and, where available, the full text of their presentations can be found on the Forum’s website at the following address: http://www.ohchr.org/EN/HRBodies/HRC/Minority/Pages/Session6.aspx.

Item I. Opening meeting

The Vice-President of the Human Rights Council, H.E. Ambassador Ms Iruthisham Adam, welcomed all participants on behalf of the President of the Council. She emphasized the high relevance of the issues discussed during this session of the Forum to the work of the Council, referring to different resolutions to this effect, including resolution 22/20 of March 2013 renewing the mandate of the Special Rapporteur on freedom of religion or belief and recent resolutions on “Combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against persons based on religion or belief”. She indicated that the Human Rights Council was looking forward to the recommendations of this session to be presented by the Independent Expert on minority issues at its 25th session in March 2014. 

The Chief of the OHCHR Special Procedures Branch, Ms Jane Connors, welcomed all participants on behalf of the High Commissioner for Human Rights. She stressed that this Forum had contributed to greatly expanding the knowledge and understanding of the UN human rights system about the challenges facing minorities. She pointed to the key role played by UN mandate holders such as the Special Rapporteur on freedom of religion or belief and the Independent Expert on minority issues who are at the forefront of efforts to promote and protect the rights of religious minorities. Referring to the important work conducted within the UN system in this regard, she gave as a positive example OHCHR’s involvement in the consultative process that resulted in the Rabat Plan of Action. She stressed that it is through sustained engagement with national authorities that international standards and recommendations from human rights mechanisms such as this Forum can best be implemented. 

The Independent Expert on minority issues, Ms Rita Izsák, reminded all participants that the rights and security of religious minorities was among her thematic priorities as addressed for example in her recent report to the General Assembly in which she advocated for a minority rights-based approach to the protection of religious minorities. She indicated that protection and promotion of the full range of minority rights, together with initiatives to foster dialogue between faith groups, helps to build a culture of understanding, acceptance and trust across faiths and to prevent tensions from emerging and deteriorating into violence and conflict. She then focused on two areas that required particular attention during the Forum: the rising tide of violent attacks against religious minorities and the need for dialogue and inter-faith exchanges. 

The Chair of the sixth session of the Forum on Minority Issues, Ms Hedina Sijerčić stressed that her personal background living in different countries had led her to experience first-hand the multiple forms of discrimination faced by women belonging to minorities. She underlined that, regrettably, cultural differences, including religious and linguistic differences, can still serve to segregate people including youth and educational institutions. For this Forum and its recommendations to have an impact on the ground and in the lives of persons belonging to minorities, she stressed that it is not only crucial to ensure the active participation of minority representatives from all regions and backgrounds in its sessions but also for the diversity of opinions and of situations within all groups to be heard and reflected in the recommendations. The Chair explained the format of the discussions and encouraged all participants to show respect for others’ views while inviting them to exercise decorum. 

The United Nations Special Adviser on the prevention of Genocide, Mr Adama Dieng focused his remarks on the link between the prevention of atrocity crimes and the protection of religious rights for minorities, specifically highlighting how the concept of the responsibility to protect applies and enhances the protection of minorities. Following a short overview of applicable standards, including the Declaration, he underlined the connection between the protection of minority rights and the prevention of conflicts. He however mentioned that atrocity crimes can also happen in a non-conflict situation especially where minorities are persecuted on religious or ethnic grounds. He emphasized the role of minority rights’ protection and dedicated minority rights mechanisms in promoting social stability and cohesion. In this regard, he underlined that, while States bear the primary responsibility for the protection of minorities within their territory, other actors, including the civil society, community and religious leaders as well as the media, also have a shared responsibility in this regard.  

Item II. Legal framework and key concepts

This session provided an overview of existing international and regional standards and principles relating to the rights of religious minorities, including the Declaration. Applicable standards and principles providing for the right to freedom of religion or belief were addressed. Participants further discussed how to ensure that international standards relating to the protection of the rights of religious minorities are reflected in national legislation, policies and practices.

Ms Nazila Ghanea, presented on “Religious minorities and the question of responsibilities indicating that the rights of religious minorities were initially primarily upheld through multilateral and bilateral treaties and it was only in 1945 that the UN was formed and the UN Charter adopted international human rights as one of its very objectives. She stated that, though religious minorities found specific mention in article 27 of the ICCPR and the Declaration, their rights were never fully incorporated within the minority rights mechanisms until recently as they had been dealt with under freedom of religion or belief standards. She stressed that persons belonging to religious minorities should not only fully enjoy freedom of religion or belief but also have full access to all human rights including minority rights. She expressed the hope that the Forum would go beyond the ‘victimhood’ of religious minorities and recognize their power to stand up for their own rights and the rights of others but also to use all their resources to contribute to wider society. 

Mr Brian J. Grim, presenting on “The Connection between Government Policies and Social Hostilities toward Minorities. He stated that a rising tide of restrictions on religion has swept the globe in the past years and demonstrated this by different facts and figures. For example, he indicated that 40 per cent of countries today have high or very high restrictions on religion coming from Governments or from the actions of groups in society. The brunt of these restrictions is felt most keenly by religious minorities. In particular, 53% of countries in the world today have Governments that have either displayed violence toward religious minority groups or did not intervene in cases of discrimination or abuses to religious minorities. He highlighted several significant patterns in these data including the fact that when Governments have high overall restrictions on religious freedom, minority groups face even more restrictions. He further demonstrated how all religions face these problems although there are patterns faced by different religions. He also stressed that the abuse of religious minorities happens in every region of the world. On the positive side, he indicated that according to data, when religious freedom is guaranteed and restrictions are low religious minorities fare much better, and that there are many social benefits and higher economic and intellectual innovation in countries characterised by high religious freedom. 

Mr Rodrigo Vitorino Souza Alves, presented on “The protection of religious minorities in the United Nations and Organization of American States’ systems. He first underlined that the United Nations took a major step with the adoption of the Declaration on Minority Rights, giving a brief overview of the principles enshrined therein and related obligations for States. He then referred to the Inter-American Convention Against All Forms of Discrimination and Intolerance adopted by the Organization of American States in June 2013. This Convention emphasizes that equality, non-discrimination and separation between State laws and religious norms are fundamental for the peaceful coexistence in pluralistic and democratic societies, and that societies must respect the identity of every person, while creating the conditions that will enable its expression, preservation and development. He highlighted that the Declaration combined with the Anti-Discrimination Convention, once in force, will constitute instruments of counter-majoritarian protection that should inspire and contribute to the development of other regional and national instruments. Secondly, they are transformative instruments, not only of majoritarian groups, but also of minorities, since every person is entitled to, as well as constrained by, universal human rights.

Mr Mohamed Eltayeb, presented on “Towards a Framework for Guaranteeing the Rights of Religious Minorities: a Quest for Combating Religious Hatred. He underlined that most of the countries in the world today are characterised by an increasing national, racial and religious diversity as well as increasingly multicultural societies, hence the importance of developing an effective framework for granting and protecting the rights of religious minorities. Such a framework requires two main aspects: the normative and institutional resources and then the legal, political, social and cultural frameworks in which the normative content should be applied. Three situations should however be distinguished: first is where there is both a strong normative and institutional basis for granting the rights of religious minorities but without success, second is where there are both weak normative and institutional systems and the third situation is where there are strong normative and institutional resources that lead to effectively protecting the rights of minorities. He stressed that the normative and institutional resources can be found in international and regional human rights instruments, the most remarkable one in this respect being the Declaration. 

Discussion

The following issues were raised during the discussion under Item II: 
- The significant number of recommendations regarding the rights of religious minorities in the second cycle of the UPR so far; 
- The fact that States bear the primary responsibility for setting up a national legal framework in compliance with international human rights standards and the importance of cooperation and sharing of good practices in this regard;
- Religious freedom is a universal human right that all States have responsibility to uphold;
- The importance of recognising the diversity that exists within religious minority groups and the need to take a gender perspective into account in this context; 
- The importance of respecting the principle of self-identification of persons belonging to national or ethnic, religious and linguistic minorities;
- The need for States to revoke existing blasphemy and anti-incitement laws because they exacerbate intolerance and provide Governments with the means of suppressing the freedoms of religion and expression; 
- The importance of the right to acquire citizenship;
- The right to privacy and freedom of association as vital to religious minorities and the right to conversion as an integral part of freedom of religion or belief;
- The importance of addressing the particular needs of religious minority women;
- The important report of the Special Rapporteur on freedom of religion or belief to the General Assembly underlining the positive inter-relatedness of freedom of religion or belief and gender equality;
- How rule of law strategies can be used to promote and protect the right to freedom or religion or belief;
- The Declaration on Minority Rights as a key reference text on the rights of persons belonging to minorities at the global level;
- The recent adoption by the EU Foreign Affairs Council of the EU Guidelines on the promotion and protection of freedom of religion or belief; 
- The three mechanisms of the Council of Europe i.e. the European Commission against Racism and Intolerance (ECRI), the Framework Convention on the Protection of National Minorities and freedom of religion (FCNM) and the ECRML as potentially useful support in the protection of religious minorities; 
- The importance for countries to enshrine the protection of religious minorities within their constitutions; 
- The importance of education and awareness-raising; and the need to revise schoolbooks to reinforce understanding and respect for the different religions and enhance interest in other people’s beliefs; 
- The fact that religious affiliations in national identity card should be abolished; 
- The significant role that can be played by different actors, such as religious leaders, in promoting the rights of minorities, especially in cases where leaders from the majority faith speak out on behalf of religious minorities in a given country; 
- The importance of anti-discrimination legislation at both domestic and international levels;
- The particular challenges facing religious minorities in post-conflict situations and the need to implement affirmative measures to protect their rights in such contexts;
- The importance for countries to conduct census to determine the status of their population, including a comprehensive picture of the social and living conditions of all groups.

Item III. Protection of the existence of and prevention of violence against religious minorities

This session aimed to identify the measures taken by States and other actors to prevent tensions and acts of aggression or violence against religious minorities, their places of worship and assembly. The situation of religious minorities in conflict and post-conflict settings, and the role of all actors involved in ensuring protection of religious minorities and accountability for violations of their rights were considered. The positive role that religious leaders can play in addressing violations of the rights of religious minorities, preventing further violence and promoting peace and reconciliation, was further examined.

Mr Majed El Shafie, presented on “Protecting religious minorities: A human imperative, first referring to his personal experience as being relevant to the subject. He indicated that the vast majority of challenges faced by religious minorities fall into three categories: first the threats from secular authoritarian regimes, which monitor, regulate, and control religious practice and expression within their boundaries and suppress any unauthorized practice, second, cases of religious dominance that may involve a state favouring a majority religion while discriminating against minority religions, and the third category often but not necessarily linked to the second, namely the treatment of religious minorities in conflict or post-conflict situations. Rev. El Shafie encouraged States that have aid and trade ties with States where minorities face threats to connect their aid to measurable improvements in this regard. He further stressed the need to recognize the special needs of converts and called on the Forum to recommend that States pay particular attention to supporting members of religious minorities who are fleeing from conflict zones.

Ms Salpy Eskidjian, presented on "Inter-Religious dialogue and the Cyprus Peace Process". She explained how key actors including religious leaders began the process of inter-religious communication for human rights and peace in Cyprus although no one initially believed that religion could play such a positive role in the process. The purpose of the Religious Track has been to build relationship, understanding and trust between the religious leaders and ultimately members of the respective faith communities. Through the Religious Track the religious leaders are trying to ensure that the main concerns of the religious communities are understood and considered in the peace process and formal negotiations as a result of which, there is now inter-religious communication in Cyprus. The Religious Track has proved that when there is an improved climate of inter-religious dialogue, then trust can be built and significant progress can be made. It has proven that religious leaders in a conflict situation can play a positive role in addressing violations of human rights, promoting peace and reconciliation. 

Ms Diane Ala’I presented on “Involvement, inclusion, expression and protection. She underlined that by creating a space where religious minorities are able to inform others of the tenets of their beliefs, States can contribute to the dispelling of misconceptions and prejudices. She stressed that attacks and violence are often based on suspicion, ignorance and presumptions. Majorities can also have little interest in learning more—which can be fostered by religious leaders as well as politicians, often because they believe these religions and beliefs are threats. She highlighted that by actively contributing to the betterment of society, shoulder to shoulder with other compatriots, members of religious minorities can create confidence-building situations. Moreover, by allowing freedom of expression, the State will provide an environment where healthy debates regarding different beliefs will improve the level of awareness and be conducive to a heightened social tolerance, thus safeguarding minorities from attacks and persecution. 

Discussion

The following issues were raised during the discussion under Item III: 
- The important role played by freedom of religion or belief in not only resolving conflict but also in preventing them;
- Prevention as being key in order to create and maintain a safe and enabling environment for religious minorities;
- The need for all cases of harassment, intimidation and persecution of religious minorities should to be thoroughly and immediately investigated and punished;
- States should take measures to encourage knowledge of the belief, history, traditions and cultures of the religious minorities within their territory; 
- Education and dialogue as some of the most effective tools to help prevent sectarian violence and foster religious tolerance and understanding;
- Different ways by which States can prevent hate crimes and the fact that dissuasive penalties should be in place to prevent incitement to violence or hatred; 
- The importance of citizenship rights and their implications on many other rights for religious minorities; 
- The importance of a strong constitution providing for the rights of religious minorities;
- Recognition of dignity of every person and of their equal rights as any other citizen to participate in all spheres of life and then implementation of practical steps through education, dialogue and solidarity making coexistence possible; 
- The important role played by human rights defenders in raising awareness and protecting religious minorities; 
- The need for religious minorities to be able to appoint their own religious leaders, rather than those appointed by the State, to help foster confidence in inter-faith dialogue;
- The lack of recognition of religious minorities as full contributing elements to societies as a root of the problems that they face; 
- The importance to ensure that legislation and policies, including anti-terrorism laws, do not arbitrarily target specific religious minorities; 
- The key role played by United Nations early warning mechanisms such as the Special Adviser for the prevention of Genocide and the importance for States to collaborate with such mechanisms;
- The importance of implementing the Declaration and other relevant standards and principles for the rights of religious minorities to be protected in practice; 
- Issues surrounding conscientious objectors;
- The need to review and amend personal laws to bring them in line with international standards; 
- The need to protect places of worship, including in conflict situations;
- The importance of the principle of self-identification for all religious minorities; 
- The situation of minorities within minority groups; 
- The importance of the legal framework, including of a strong Constitution providing for the legal basis for promoting and protecting the fundamental human rights and freedoms, including minority rights.

Item IV. Promotion and protection of the identity of religious minorities

This session was devoted to the identification of effective practices to ensure the protection and promotion of the identity of religious minorities so that they can freely maintain and develop their religious and cultural practices and traditions. The discussion looked into opportunities to protect religious minorities through the promotion and protection of their culture and language, including by taking measures in the field of education. The session also considered the specific challenges that women belonging to religious minorities may face, both within and outside of their religious communities.

Prof Heiner Bielefeldt, the United Nations Special Rapporteur on freedom of religion or belief, presented on “The rights of religious minorities. He stressed the need for cooperation between all stakeholders underlining that, while a multilevel approach must be taken, the most significant changes are brought by persons who are on the ground. Prof Bielefeldt also recalled the fact that discrimination against minorities would undermine treatment against majorities. He mentioned that he had been edified by the example given in Sierra Leone, a country that overcame a brutal civil war through an intense intra and inter religious dialogue. He also described the case of Cyprus as a model that shows the possibility to build trust although this implies a long investment. Prof Bielefeldt finally highlighted that minority rights should not be considered as privileges; they are human rights, and they are based on the idea of their universality.

Mr Sergine Mansour Sy Djamil, Vice-President of the National Assembly of Senegal, presented on “The rights of non-Muslims in Islam. His presentation aimed at underlining the importance of Islam teachings in order for citizens to know how it advocates for the rights of non-Muslims. He also denounced some examples of what he considered as laws against the right of freedom of religion or belief, especially in Europe. He stressed the important role of the Islamic Development Bank in granting subventions to Muslim minorities living in non-Muslim countries. Mr Sy Djamil finally outlined the example of Senegal as a country where, notwithstanding the fact that 96 per cent of the population is Muslim, it has been led by a Christian president. 

Mr Maung Tun Khin, President of the Burmese Rohingya Organisation UK, presented on “The situation of the Rohingya people, a Muslim minority in Myanmar. Mr Tun Khin denounced some human rights abuses from which this group suffers, including in relation to the right to marry and freedom of movement. Moreover, he indicated that human rights activists have been harassed and arrested, while cases of incitement to hatred and violence against the Rohingya were allowed to continue with impunity. He recommended that an independent international investigation is set up to establish the truth and prevent further attacks. In his opinion, an increase in international observers on the ground could help in preventing further attacks and improving the security situation. In addition, he pointed out that, although aid access has improved, there is still not enough aid reaching the people internally displaced by violence. 

Ms Leila El Ali, presented on “Challenges encountering women belonging to minorities, women’s rights and cultural relativism. She stated that, in the Middle East, the conflict against minorities has recently become more acute. This conflict is closely linked, in one way or another, with international and regional conflicts within the Region and their influences on the Arab revolutions and transitions. The rights of minorities and marginalised groups are being, in her view, disregarded. In this sense, religion or belief would be one of the components of the culture, albeit not the only one. However, it constitutes a key element in what refers to minority self-defence. These groups therefore need laws to protect their religion and other specific features. Ms El Ali gave several examples regarding Palestine, Lebanon, Iraq and Libya, and warned that women are in many situations the most vulnerably persons. She suggested strengthening separation between State and religion as well as equality rights between men and women.  

Discussion

The following issues were raised during the first segment of the discussion under Item IV: 
- The practice and maintaining of a religion are closely connected with the maintaining of other aspects of culture and traditions;
- The link between discrimination on ethnicity, religion and languages and extreme poverty; the repercussions of such discrimination on land ownership for religious minorities;
- The possibility for some State laws regulating freedom of religion to have a discriminatory and negative impact on religious minorities; 
- Tolerance as a key element within minorities’ rights and its promotion by the States;
- The effectiveness of existing protection mechanisms needs to be reassessed and enhanced where necessary;
- The fact that religious minorities often belong to different national, ethnic or linguistic groups, and that the protection of their religious freedom should be viewed in the broader context of implementation of the full range of minority rights;  
- The positive roles that can be played by religious communities in education and social integration;
- The fact that organizational and financial capabilities of religious groups should be taken into consideration in the Recommendations to ensure appropriate support for them;
- The need to pay special attention to the situation of women belonging to religious minorities as well as to their right to access to education; 
- The need for States to take measures to eliminate discriminatory policies;
- The fact that persecution of certain minority groups can lead them to migrate and seek asylum elsewhere.  

Item V. Promotion of constructive interfaith dialogue, consultation and exchange

This session discussed the role that key actors, including religious minorities, religious and community leaders, as well as political actors, can play in the promotion and protection of the rights and security of religious minorities and in promoting tolerance and harmonious relations between faith groups. The role that women can play in fostering intercommunity tolerance and dialogue and promoting the rights of religious minorities was also discussed. Participants identified positive examples of interfaith dialogue and exchange and assessed how existing mechanisms, institutions and processes have been established and work in practice.

Mr José Riera presented on “UNHCR’s engagement with faith-based organisations, faith leaders and communities of faith. He gave a brief overview of the Dialogue on Faith on Protection hosted in 2012 by the UNHCR, which was in turn inspired by other UN agencies. Through that dialogue, it was possible to verify that all faith communities share core values which contribute to strengthen the protection of refugees, internally displaced persons, asylum seekers and stateless persons. Moreover, the dialogue was useful to identify examples of good practices of the work of faith-based organisations as well as local faith communities. The second work stream developed specific guidance for faith leaders, encouraging them to welcome migrants and other groups and stand together against intolerance, exclusion and xenophobia. Lastly, UNHCR was seeking guidance on the multiple dimensions of faith in the context of displacement and the way to deal with, reach out to and partner with religious organisation. 

Rev Usman Fornah presented on the “Inter-Religious Council of Sierra Leone. He stated that, whereas some religious groups enjoy peaceful co-existence and even collaborate with each other, some others are hostile to this practice. In Sierra Leone, there are two main religions, Christianity and Islam, but African Traditional Religion also serves as the religious basis of the cultures. Religious practices and beliefs are therefore diverse. Some cannot tolerate relationship with people of other religions; others encourage constructive dialogue, consultation and exchange on issues related to socio-political affairs, religious practices and economic life. This exchange is necessary for a peaceful religious co-existence. Thus, the Inter-Religious Council of Sierra Leone was founded to promote peaceful coexistence and collaboration amongst the various religions. This particular form of interfaith collaboration was a novelty in many parts of Africa. 

Ms Carmen Asiaín presented on “Freedom of conscience and religion as a uniting factor in interfaith dialogues. She talked about a recent experience she has had in Latin American countries with regard to interfaith dialogue during which representatives of all religions – majorities and minorities – had gathered to defend freedom of conscience and, specifically, conscientious objection. She gave some examples in which conscientious objection was denied, such as a Catholic hospital compelled to perform some practices opposed to its basic principles. In Latin America, the current concerns with religious groups do not lie in religious persecution, but in issues related to freedom of conscience, she stated. Parliaments have endorsed several laws – especially some bills including sensitive bioethical contents – without balancing the interests of minority groups. She stressed that majority lawmaker groups should take into account the interests of minority groups as a requirement of democracy. 

Mr Louis Climis presented on “Minorities in Iraq, victims of religious, sectarian and ethnic conflicts first stating that minorities must benefit from all forms of rights. He indicated that minorities in Iraq suffer due to the mere fact that they are minorities and that some policies might disproportionately affect them. Contrary to the image of a pluralist and multicultural Iraq, Christians are the prime targeted group for discrimination, he stated. He however underlined that civil society organisations are attempting to disseminate a culture of peace and harmony. He also stressed that restrictions have been introduced in the Civil Code. He stressed the need for the Iraqi Constitution to be amended to ensure minority rights. 

Discussion

The following issues were raised during the discussion under Item V: 
- The processes of building inclusive societies and enhancing the rights of religious minorities must be inclusive;
- The importance of the right to effective political participation for religious minorities;
- Different measures taken by States aimed at promoting inter-faith dialogues in their countries;
- Examples of best practices that can be useful in considering the rights of religious minorities;
- The need for States to take measures to address extremism and disseminate tolerance and moderation;
- The direct link between respect for the rights of religious minorities and the protection of their freedom of expression and freedom of religion;
- The need to protect religious sites; 
- The fact that leader’s attitude can obviously help, but it cannot replace the community itself;  
- The need for key stakeholders, State and non-State actors, to build an interfaith dialogue based on equality and equity and to strive to create an environment for the enjoyment by all persons of freedom of religion or belief
- The secularity of the State does not imply that there shall not be collaboration among the State and religious groups;
- The need for timely compensation to be provided in case of damages against a religious minority group;  
- The need to use religion to unite and not to divide;  
- There are several conceptions of religion, which may create tensions that need to be managed, including through addressing misconceptions and misunderstandings;
- The essential role of religious and political leaders in promoting interreligious dialogue, including at the grassroots level.

Mr Ralston Deffenbaugh provided some concluding remarks, first stating that the General Assembly recognises the imperative need for dialogue among different faiths and religions and encourages the spread of the messages of interfaith harmony and good will. He stressed that one of the most important ways to engage in interfaith dialogue is in practice; and that religion can be a force for peace. Protecting freedom of religion is a way to achieving peace; therefore, respecting the rights of religious minorities gives the space to those minorities and contributes to the fact that they can express themselves by loving their God and their neighbours. In this way, interfaith dialogue supports peace-building work.   

Ms Hedina Sijerčić, Chairperson of the sixth session of the Forum on Minority Issues, thanked all participants for their engagement and valuable contributions, including comments on the draft recommendations. She underlined that the protection of religious minorities would also enhance the conditions of those linguistic and ethnic minorities. She welcomed the many examples of good practices that were shared by Forum participants in such areas as legislation, institutional attention to minority issues, projects targeted to address the problems facing religious minorities or key concerns, as well as local level initiatives. Ms Sijerčić finally reminded that all the relevant recommendations would be reflected in a document to be presented to the 25th regular session of the United Nations Human Rights Council in March 2014.    

Ms Rita Izsák, the United Nations Independent Expert on Minority Issues, first congratulated the Chair for her work performed then thanked Mr Adama Dieng, the United Nations Special Adviser on the Prevention of Genocide and Prof. Heiner Bielefeldt, the United Nations Special Rapporteur on freedom of religion or belief. Ms Izsák expressed the wish to enhance the cooperation between these different United Nations mandates. Welcoming the active and positive participation of all stakeholders to this session, she emphasised that there had been a strong message about the need for dialogue and to build bridges of understanding, acceptance and trust. She also stressed the need for better implementation of the Declaration on Minority Rights to guarantee the rights of religious minorities. She highlighted the fact that this Forum and its recommendations only fulfil their potential when they are translated into action on the ground. 


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