A/HRC/9/7
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45. The Becket Fund concludes that, while religious intolerance and hatred against any
religious group are serious issues that need to be addressed, the concept of defamation of
religions as a response would restrict more freedoms than it protects. In the view of the Becket
Fund, religious freedom is best preserved through the protection of the freedom of religion of all
faiths, not by restricting the speech of people of some faiths.
International Humanist and Ethical Union
46. The International Humanist and Ethical Union expressed concern over the impact of
blasphemy legislation on freedom of expression and freedom of religion, including on those who
do not practise the predominant religion in a Member State. In this connection, the Union
recommends that the study requested by the Human Rights Council in its resolution 7/19 should
include both an examination of existing blasphemy laws and an assessment of the implications
for human rights of defamation of religion laws. The Union also recommended that a resolution
be tabled calling on States in which blasphemy constitutes a capital offence to remove the death
sentence. Additionally, the Union suggested that United Nations bodies considering the question
of defamation of religions adopt a similar position as the Council of Europe, where freedom of
expression is given much greater weight.
International Pen
47. International Pen submitted a general comment on Council resolution 7/19 and a sample of
cases of individuals whose fundamental rights have been severely restricted by the application of
legislation aimed at combating offences to religions. Laws aimed at protecting religions from
defamation can exacerbate religious tensions and could be abused to dampen legitimate
criticism. It is for this reason that it was deeply disappointed by the Council’s adoption of
resolution 7/19.
III. SUMMARY OF ISSUES ARISING FROM RESPONSES
48. Despite the limited number of responses, they did raise several important issues of
relevance to the implementation of Council resolution 7/19.
A. Freedom of religion
49. Almost all the responses emphasized the importance of religion as an individual right and
as a source of common values, inspiration and cohesiveness in society. For Bahrain, Islam
provides the basis for national cohesion; for Costa Rica, religion is among the essential elements
for peace and democracy. To the Council of Europe, freedom of expression and freedom of
religion constitute the foundations of democratic societies and are instrumental to pluralism.
50. The constitutions and national laws in all the countries that responded guarantee freedom
of religion, conscience and belief. The Constitution of Chile recognizes freedom of religion and
conscience for all religions “so long as they do not violate moral standards, customs or public
order”. For Costa Rica, freedom of religion is guaranteed so long as it is exercised in a manner
respectful of “universal morals and norms”. In Mauritius, freedom of religion includes the
freedom not to worship or believe or to profess any religion, and there is no requirement for
religious education or instruction in any educational institution. Freedom of religion is protected
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