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Discrimination, in its etymological sense, means the action and effect of making a distinction, or differentiating one person or thing from another. Discrimination itself is not morally wrong. When a company selects personnel, discrimination occurs in accordance with the profile required for the job, and this is not necessarily incorrect in ethical terms. However, in talking about discrimination, this word generally has a negative connotation, meaning “invidious discrimination.” In this sense, the common meaning of “discrimination” includes a judgment based on unacceptable ethical or legal motives, one of which involves religion.

Religious discrimination takes place when one person is treated less favorably than another is, has been, or would be treated in a comparable situation on the grounds of religion. The prohibition of religious discrimination covers most social activities, including business.

Three forms of religious discrimination can be distinguished: (a) direct, where this less favorable treatment occurs unmasked, (b) indirect discrimination, where an apparent neutral provision, criterion, or practice would put persons having a particular religion or belief at a particular disadvantage compared with other persons, unless such is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, and (c) religious harassment, which occurs when unwanted conduct related to any of the grounds of religion takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Many international human rights doctrines have articulated the freedom from religious discrimination as a human right. However, people in many theocratic countries deny the importance of such a right and maintain the criteria of adherence to the official religion as essential in filling leadership roles in society and business. This commitment is founded on a belief in the fundamental rightness of their faith, which overrides the standards of rational ethics, as defined by Western philosophers and political theorists. Freedom from religious discrimination is closely related to another even more fundamental right: religious freedom. Religious freedom is seen as necessary for carrying out the moral duty to search for the truth, especially with reference to God, religion, and a meaningful sense of life. It also provides protection for those who do not believe in God to adhere to their own beliefs.

Religious freedom requires immunity from coercion for individuals and social groups, including businesses, governments, and any other human power, which can be forced to act in a manner contrary to their own beliefs. Religious discrimination impedes or even prevents religious freedom and frequently entails the disdaining of people and lack of respect for individual freedom.

Significant International Texts and Legislation on Religious Discrimination

There are significant international declarations against religious discrimination. In 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, in which Article 2 states that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of race, color, sex, language, religion, or political or other opinion. Article 16 adds that everyone has the right to freedom of thought, conscience, and religion. In 1981, in a more specific way, the General Assembly adopted the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

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