Freedom of Religion or Belief and International Law: The time for a treaty is now

The Women’s UN Report Network published this paper dealing with freedom of religion or belief and international law in 2016.

Across the globe, the practice of religion or belief “is one of the fundamental elements in [a person’s] conception of life.” In some parts of the world, however, the practice of a religion by some conflicts with the freedoms and rights of others, including the right not to profess any religion or belief. Currently, no international, legally binding text explicitly addresses the right to freedom of religion or belief. Past attempts to address this void have largely failed, and as a result religious intolerance and extremism continue to dominate public discourse.

Following a brief outline of the relevant international law acknowledging and establishing a framework for freedom of religion or belief, this paper addresses the continued and urgent need for ratification of Article 18 of the International Covenant on Civil and Political Rights, as well as the need for an international treaty or convention on the elimination of all forms of intolerance or discrimination on the basis of religion or belief.

EUI Working Paper on Faith-based Organisations at the UN

The Robert Schuman Centre for Advanced Studies of the European University Institute published the Working Paper on Faith-based Organisations at the United Nations in 2013.

This working paper examines faith-based organisations (FBOs) and their attempts to seek to influence debate and decision-making at the UN. Increasing attention on FBOs in this context has followed what is widely understood as a widespread, post-Cold War ‘religious resurgence’, which characterises a novel ‘postsecular’ international environment. One aspect of the new postsecular environment is increasing focus on global public policy at the UN, from FBOs from various religious traditions, especially Christianity, Islam, and Judaism.

The paper focuses on Christian, Muslim and Jewish FBOs at the UN because: (1) it is the largest inter-governmental organisation, with 193 member states, (2) it is the most important global public policy focus, and (3) hundreds of FBOs have an institutionalised presence at the UN, via official status with the Economic and Social Council (ECOSOC). Overall, the UN regularly engages with more than 3,000 non-governmental organisations afforded ‘official’ UN status. Around 10 per cent are classified as FBOs, implying that their activities and goals are significantly moulded by religious orientations and principles. This does not necessarily imply however that FBOs at the UN are ‘religiously pure’, that is, unwilling to work with non-religious entities, including both states and non-state actors. Many FBOs are willing to interact at the UN with both state and non-state entities which share their ideological although not religious proclivities. The paper conceptualises and examines two categories of FBO: ‘conservative’ and ‘liberal’, in the context of three separate issue areas: women’s sexual and reproductive human rights; international development; and ‘defamation of religions.’

European Parliament Intergroup on Freedom of Religion Annual Report 2014

The European Parliament Intergroup on Freedom of Religion or Belief and Religious Tolerance published their 2014 Annual Report on the State of Freedom of Religion or Belief in the World.

Table of contents

  1. About the Intergroup 7
  2. Foreword 9
  3. Introduction 11
  4. Report Content and Methodology 13
  5. The State of Freedom of Religion or Belief  15
    1. The Americas 16
    2. Summary and conclusions 18
    3. The Middle East and North Africa 19
    4. Summary and conclusions  28
    5. Sub-Saharan Africa 30
    6. Summary and conclusions  36
    7. Asia and Oceania  37
    8. Non-EU Europe  46
  6. Highlight: Violence against places of worship and holy places 49
  7. Freedom of religion or belief in EU foreign policy 53
    1. The European Parliament 56
    2. Institutional recommendations 58
    3. Country-specific recommendations 60
  8. We have a dream 66

EU Resolution on the Systematic Mass Murder of Religious Minorities by ISIS 

This European Parliament resolution of 4 February 2016 deals with the systematic mass murder of religious minorities by the so-called ‘ISIS/Daesh’.

The European Parliament strongly condemns the atrocities committed by ‘ISIS/Daesh’ including the genocide especially against Yazidis and Christians. It calls for a criminal investigation into the war crimes committed by ‘ISIS/Daesh’.

Gender as Symbolic Glue: Conservative and far right parties in the anti-gender mobilisations in Europe

The Foundation for European Progressive Studies and Friedrich Ebert Stiftung released a report on the position and role of conservative and far right parties in the anti-gender mobilisations in Europe, especially France, Germany, Hungary, Poland and Slovakia.

This topic is of high importance due to the current mobilisations rejecting the term ‘gender’ itself. Anti-gender movements want to claim that gender equality is an “ideology”, and introduce the misleading terms “gender ideology” or “gender theory” which distort the achievements of gender equality. The main targets are the alleged “propaganda” for LGBTI rights, for reproductive rights and biotechnology, for sexual and equality education. This phenomenon has negative consequences for the legislation on gender equality.

In the current publication, we are looking at this phenomenon in connection to the programmes and discourses of far right and conservative parties, as well as the overlaps among them. Following the argumentation presented in the papers, these political parties have a stake on the issue.

All the peer-reviewed papers follow a common structure. The authors drafted conclusions and subsequent policy recommendations for the progressive side to stand up against fundamentalist political activism.

 

Charter of Fundamental Rights of the EU

The European Parliament, the Council and the Commission proclaimed this text as the Charter of Fundamental Rights of the European Union in 2010.

Article 23 proclaims the equality between women and men. It demands that equality between women and men must be ensured in all areas, including employment, work and pay.

In addition, the principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

ESCR Submission to UN Working Group on the Issue of Discrimination against Women in Law and Practice

This Submission to UN Working Group on the Issue of Discrimination against Women in Law and Practice to the Report on “Non-Discrimination and Equality in Family and Cultural Life” was compiled by ESCR.

The ESCR-Net Women and ESCR Working Group has collectively developed this submission, which compiles information ​​provided by its members on how laws and practices discriminate against women within the family and cultural life.

A special focus has been put to women’s rights and substantive equality, highlighting the dichotomies that exist in some cases between the formal rights to which women are entitled and the actual situations they face in their daily lives.

It is unfortunate to note that although all the questionnaires emerged from State Parties of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the collected information shows that “all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations” have not been undertaken in these countries.

Seventeen questionnaires were sent by members of the ESCR-Net Women and ESCR Working Group from the following countries: Brazil, Bulgaria, Colombia, El Salvador, Guatemala, Mali, Mexico, Nicaragua, Nigeria, Panama, Dominican Republic, South Africa, Trinidad and Tobago and Uruguay. We are thankful to the organizations and members who contributed to this document:  Bulgarian Gender Research Foundation, Bulgaria; Cladem (Brazil, Guatemala, El Salvador, Mexico, Nicaragua, Panama, Dominican Rep, Uruguay); Collectif des Femmes du Mali (COFEM), Mali; Equis, Mexico; Fundacion Qukumatz, Guatemala; Kebetkache Women Development and Resource Centre, Nigeria; Legal Resources Centre, South Africa; National Union of Domestic Employees, Trinidad and Tobago; Patricia Ramírez Parra, Colombia.

The State We’re In: Ending sexism in nationality laws

Equality Now published a report on gender discrimination and sexism in nationality laws in January 2016.

The Equality Now 2013 report focused on sex discrimination in the transferral of citizenship to children and foreign spouses. This report is expanded to also analyse nationality laws in terms of equality in the right to acquire, change and retain nationality as provided for in international law.

In order to clearly highlight the continuing existence of discriminatory nationality law we focused on the crucial areas of discrimination that have a clear negative impact on the lives of individuals.

  1. Progress Towards Equality
  2. The State We’re in – Discrimination in Law and Its Effects
  3. Graphics: Sex Discriminatory Nationality Laws
  4. Transferring Nationality to Children
  5. Laws affecting Spouses/Marriage
  6. Case Studies
    1. Jordan
    2. Malaysia
    3. Bahamas
    4. Tanzania
    5. Senegal
  7. International Law on Equality and Citizenship Rights
  8. Recommendations
  9. What you can do

The Equal Rights Review Volume 10: Equal rights to family life

The Equal Right Review is a biannual publication of The Equal Rights Trust, which promotes equality as a fundamental human right and a basic principle of social justice. This is Volume 10 published in 2013.

In this issue:

  • Special: Equal Rights to Family Life
  • Marriage equality in Indonesia and Ireland
  • Testimony from an intersex person
  • Equality legislation in Bosnia and Herzegovina
  • Domestic servitude in Singapore
  • Equality jurisprudence in the Caribbean

My Children’s Future: Ending gender discrimination in nationality laws

This is a report about gender discrimination in nationality laws, the effects these laws have on women and their families and the process of reforming such laws  published by the Equal Rights Trust in September 2015.

Twenty seven countries still do not allow women to pass their nationality to their children. The report documents the impact of this in two of the 27 countries – Madagascar and Nepal. As a result of the discriminatory nationality laws, children suffer a series of negative impacts. In addition to the inability to acquire citizenship, they are also unable to access a range of critical human rights such as education, health and work. In some cases, the children are stateless. Separately, their mothers often suffer a sense of guilt and helplessness. Women from disadvantaged groups such as racial minority women or those of disadvantaged socio-economic status are, together with their children, acutely affected. The situation is dire. Both political realities and socio-cultural discrimination act as barriers to reform.

Elsewhere, reform of gender discriminatory nationality laws has slowly been taking place and the number of countries which do not allow women to pass their nationality to their children is decreasing. The report examines two countries which have recently reformed their laws, Indonesia and Kenya. While implementation of law reform in these countries remains an ongoing challenge, the report argues that there are valuable lessons to be learned from their experiences. The report concludes in an optimistic tone, arguing that learning from these countries can assist in accelerating the rate of change.

Today, the global movement for the eradication of such laws is growing behind the Global Campaign for Equal Nationality Rights, which was launched in 2014. The Equal Rights Trust, a founding steering committee member of the Global Campaign, is publishing this report as a resource and advocacy tool to contribute to the movement towards legal reform.