98.
Thus, to make out a prima facie case of discrimination, a complainant must
identify the group that is treated differently and show how the treatment complained
of and that of the other identified group are comparable. In turn, the Respondent State
bears a heavier burden of proving that the difference in treatment is objective and
reasonably justified in that it pursues a legitimate goal or goals and the means
employed are proportionate to that goal.10
99.
The Complainants contend that the victims were treated differently based on
their religious affiliation when the Respondent State: (a) confiscated their identity
cards and their daughters’ birth certificates; (b) prohibited them from indicating
“Baha’i” on their IDs; and (c) instructed their daughters’ school not to accept IDs that
indicated “Baha’i” as their religion. They submit that this differential treatment is
incompatible with Article 2 of the Charter.
(iii)
Alleged Violation of the Article 8 of the Charter
100. Article 8 of the Charter guarantees the “freedom of conscience, the profession
and free practice of religion.” It further provides that “no one may, subject to law and
order, be submitted to measures restricting the exercise of these freedoms.” The
Complainants submit that freedom of religion comprises of two aspects: (a) the
freedom to hold or not hold a religious belief, which is exercised in the individual’s
forum internum, and cannot be limited; and (b) the freedom to manifest or practice one’s
religion in the forum externum, which can be limited on grounds of law and order. They
contend that Article 8 of the Charter is broad enough to encompass all religions
regardless of whether the State recognises them or not.
101. The Complainants contend that by recognising only the three heavenly
religions to the exclusion of all other religions or religious beliefs, the Respondent State
is in breach of the undertaking to recognise the victims’ freedom of religion which is
guaranteed under the Charter.
102. Further, the Complainants contend that the measures complained of engage the
external manifestation of victims’ freedom of religion. Specifically, they aver that by
preventing the victims from identifying themselves as “Baha’i" in official documents,
the Respondent State prevents them from manifesting their religious beliefs. The
Complainants also submit that instructing the school attended by the victims’ two
children not to accept birth certificates unless they bore “Muslim” as religious identity
Abdulaziz, Cabales and Balkandali v The United Kingdom (1985) ECtHR, (Application Nos. 9214/80,
9473/81 and 9474/81) para.72. Complainants cite further authorities from the Inter-American Court of
Human Rights which is inspired by the jurisprudence of the European Court of Human Rights.
10
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