Torture and ill-treatment often intertwined with intolerance and discrimination on basis of religion or belief: UN expert

GENEVA – Intersection between the right to freedom of religion or belief and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment has been limited, and there remain significant gaps and unexplored potentials of a deeper understanding of how both rights interrelate and support one another, a UN expert said today.

In her report to the 58th Session of the Human Rights Council, Nazila Ghanea, UN Special Rapporteur on freedom of religion or belief, explores the intersections between the right to freedom of religion or belief and the prohibition of torture and ill-treatment.

“My mandate receives numerous communications regarding violations of the right to freedom of religion or belief that appear to reach the threshold of torture and ill-treatment,” Ghanea said. “While international standards providing for the protection of these rights are clear, and coercion can be identified as the key link between these rights, it is noticeable that States, courts and even those working directly with victims have not taken both rights into consideration in cases raising overlapping concerns. This lack of attention to victims’ claims have exposed them to further abuse.”

The expert referred to forms of coercion on the basis of religion or belief, such as coercion through policies and practices which engender severe socioeconomic marginalisation, and systemic discrimination with impunity. She also highlighted disrespect for burial rituals and the desecration of cemeteries and burial grounds as particularly insidious examples of coercion.

In places of deprivation of liberty, Ghanea argued that cases of targeted forms of torture or ill-treatment, which are tailored to the religion or belief of detainees, highlight the need for simultaneous analysis of both rights, including a better understanding of the thresholds of torture and other forms of ill-treatment, and a more holistic understanding of State positive and negative obligations.

“The ultimate goal of this report is to honour the victims of such violations by recommending a framework that will minimise the chances of repeated violations taking place,” Ghanea said. “I am grateful for the generous engagement of various stakeholders, including the Special Rapporteur on torture and the two relevant treaty bodies, in the development of the report, and I look forward to continuing to lend support to their critical work in this regard,” she said.

“In light of the concerning lack of international case-law on these topics, I call on all concerned to step up their activities in order to more adequately recognise and address violations, develop effective preventive measures and end impunity,” Ghanea said.

In her statement to the Human Rights Council, the Special Rapporteur also presented a summary of her country visit to Hungary, which took place in October 2024.