A/HRC/25/34
Amendment of the Constitution, provided that Congress shall make no law respecting an
establishment of religion or prohibiting the free exercise thereof; or abridging the freedom
of speech. Freedom of thought and conscience was protected by the guarantee of freedom
of speech and opinion. Federal Government action that substantially burdened religious
exercise could be invalidated by the judiciary, unless the action was the least restrictive
means of furthering a compelling governmental interest.
98.
It added that federal law prohibited discrimination on the basis of religion in
education, employment, housing, public accommodations and access to public facilities
(Civil Rights Act 1964), and that the Civil Rights Division of the Department of Justice
enforced those statutes, including through a Special Counsel for Religious Discrimination.
The Equal Employment Opportunity Commission investigated allegations of religious
discrimination in employment.
99.
The Community Relations Service of the Department of Justice was available to
state, local and tribal jurisdictions to help prevent and resolve racial and ethnic conflict and
employ strategies to prevent and respond to alleged violent hate crimes committed on the
basis of actual or perceived race, colour, national origin, gender, gender identity, sexual
orientation, religion or disability. The Service had developed a set of “best practices” to
assist localities in preventing hate crimes and restoring harmony in communities.
100. The President of the United States and other officials had embraced their role in
speaking out against intolerance. Civil society leaders, including religious leaders, regularly
spoke out against intolerance. Various efforts had been made to promote interfaith dialogue
and unity in the United States.
101. A new Office of Faith-based Community Initiatives had been created in the State
Department. The State Department and the White House co-chaired a Working Group on
Religion and Foreign Policy, which included a Subgroup on International Religious
Freedom, Stability and Democracy, through which it engaged national and foreign civil
society representatives to advance religious freedom and foster mutual respect for diversity.
III. Conclusion
102. Based on the information provided by States on the efforts and measures taken
by them for the implementation of the action plan outlined in paragraphs 6 and 7 of
Human Rights Council resolution 22/31, the steps taken by States are largely policyoriented or legal in nature, with many of them enshrining protection against
discrimination on the basis of religion or belief in national constitutions, criminal
codes and other civil laws. Advocacy of incitement to hatred is for the most part
criminalized and often prohibited on several grounds, including religion or belief.
103. Some States noted the importance of speaking out against intolerance,
including advocacy of religious hatred that constitutes incitement to discrimination,
hostility or violence, and indicated that their political and religious leadership, often at
the very highest level, had done and continued to do so. It was also noted that freedom
of expression and opinion was important to countering religious intolerance, including
hate speech.
104. Several States noted the importance of tackling extremism and certain
practices that contribute to fuelling contemporary forms of racism, racial
discrimination, xenophobia and related intolerance. Extremism and radicalization,
often leading to hate crimes and violence, were being addressed through social
cohesion and integration programmes, police and security responses, often coupled
17
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