IF YOU FEEL THAT YOUR RELIGIOUS RIGHTS ARE BEING VIOLATED,
WHAT CAN YOU DO?
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Following are some suggested options.
1. The first step, which should be attempted if feasible, is dialogue. Meeting with the government official or whoever is responsible and drawing his attention to the human rights laws he is violating may end the matter. It costs nothing, facilitates a solution through constructive communication, and often defuses the situation. Through such communication, you may find that the official completely misunderstands your beliefs and your religion.
Bear in mind also that most government officials are well-intentioned and prefer to resolve conflicts this way, as it saves them time and inconvenience.
2. If dialogue is impossible or does not lead to resolution, the next level of recourse is a complaint to responsible officials such as the person’s superiors. Send a letter (sample on page 29) pointing out the abuse and asking for it to be rectified.
Do not underestimate the impact of such a letter. If more people used this form of recourse, fewer officials would feel comfortable about violating the rights of members of the public. A letter lets the person know that you are aware of what your rights are and not easily intimidated.
Send a copy of your letter to other officials in the government or company responsible and, in the appropriate case, to human rights organisations.
3. There are several possible avenues to seek resolution of the human rights violation at issue, short of taking legal action. Most countries have governmental bodies which investigate such complaints. Human rights groups and citizens groups will be able to provide you with this information.
4. Contact a non-governmental human rights organisation. They specialize in protecting human rights, offer professional expertise and advice based on wide experience and will assist you in protecting your rights if they are being violated.
5. Contact your local representative or Member of Parliament.
6. Many countries have ombudsmen who will take up and investigate allegations of discrimination.
7. There are several human rights bodies to which you can complain. If the discrimination is caused by the government and violates a fundamental right, such as freedom of religion protected by the international treaties described in this publication, consider alerting international human rights bodies such as the United Nations Human Rights Committee, the Office of Democratic Institutions and Human Rights (ODIHR) of the Organisation for Security and Cooperation in Europe, or the European Parliament. Consider also alerting the United Nations Special Rapporteur on Religious Intolerance if a serious pattern of religious discrimination exists.
The UN Human Rights Committee is responsible for ensuring that each nation that has ratified the International Covenant on Civil and Political Rights complies with its terms. It conducts periodic reviews and each government is obliged to present evidence that it is in compliance with the Covenant.
The ODIHR of the Organisation for Security and Cooperation in Europe is responsible for monitoring the compliance of participating states with the Helsinki Accords.
The Council of Europe also has an Assembly (or Parliament) consisting of representatives selected from the national Members of Parliament. The Assembly does not meet on a weekly basis as does a national Parliament, but for several weekly periods throughout the year. Cases of discrimination can be brought to the national Members of Parliament representing their country as it is amongst their responsibilities to help resolve violations of human rights.
If you are being discriminated against as part of an overall policy of governmental discrimination against your religion, it is best to make these submissions in coordination with your Church, which may wish to complain on behalf of all its parishioners. Lawyer advice is essential if you wish to make an effective case. Legal aid is available in many European countries.
Continued...
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