A/HRC/9/12 page 7 11. The political and ideological context thus provides fertile ground for the resurgence of all the old forms of racism and xenophobia, from anti-Semitism to Islamophobia, as well as the emergence of new manifestations. It is against this background of the rise of racism and discrimination that the concept of the defamation of religions must be examined. 12. International ideological polarization is reflected among other things in a hierarchical and political interpretation of human rights and fundamental freedoms, in which connection the Special Rapporteur has noted not only the ideological pre-eminence of freedom of expression at the expense of other fundamental freedoms embodied in the International Covenant on Civil and Political Rights but also ignorance of, or refusal to recognize, restrictions and limitations clearly specified in international instruments. The result of this hierarchization of fundamental rights is to legitimize, in the name of freedom of expression, overt incitement to racial and religious hatred and to promote the rhetorical concept of an inevitable clash of civilizations and religions, setting the West in opposition to other civilizations on the sole issue of the defence of freedom of expression. 13. In this report, the Special Rapporteur stresses that political and ideological polarization on the question of the defamation of religions is artificial. Indeed, analysis of international, regional and national human rights instruments shows that provisions against inducement to national, racial or religious hatred are almost universal. In the view of the Special Rapporteur, shifting the debate away from the sociological concept of the defamation of religions towards the legal concept of incitement to national, racial or religious hatred is not only a way of refocusing on human rights but also a strategy for de-polarizing and de-politicizing the discussion. II. THE FORMS AND MANIFESTATIONS OF RELIGIOUS DISCRIMINATION 14. The analysis of religious discrimination is inseparable from the ideological context that encourages intolerance, rejection of diversity and discrimination itself, in which political, cultural and intellectual elites play a leading role. Such an ideological climate can ultimately lead to encouragement and justification of physical or intellectual violence. In particular, the justification of discrimination and intolerance tends to encourage the banalization of discrimination and can give rise to other forms of this phenomenon, such as the institutionalization of discriminatory practices or attacks on the followers of a religion or their places of worship and culture and the expression of intolerance and aggression directed at religious symbols. 15. The political and ideological treatment of religion is sometimes institutionalized in the form of written or unwritten rules and behaviour that in practice lead to social discrimination and marginalization and to restrictions on religious freedom. Apart from increasingly openly discriminatory legislation, various practices can compromise the enjoyment of religious freedom, such as restrictions on the building of places of worship or display of religious symbols. Institutionalized discrimination is a major obstacle for religious minorities in various countries; it is reflected in policies such as those making it compulsory for religious communities to register with the authorities through discriminatory procedures, special restrictions on the free distribution of religious texts or bans targeting the practices of minority religions.