A/HRC/9/25
page 3
Introduction
1.
In resolution 7/19 the Human Rights Council urged States to “take actions to prohibit the
dissemination, including through political institutions and organizations, of racist and
xenophobic ideas and material aimed at any religion or its followers that constitute incitement to
racial and religious hatred, hostility or violence”.
2.
In paragraph 16 of that resolution, the Human Rights Council requested the
High Commissioner for Human Rights “to report on the implementation of the present resolution
and to submit a study compiling relevant existing legislations and jurisprudence concerning
defamation of and contempt for religions to the Council at its ninth session”. In accordance with
that request, the High Commissioner submits to the Council a report on the implementation of
that resolution (A/HRC/9/7), and the present study.
3.
To prepare the report and the study, on 24 April 2008, the Office of the
High Commissioner for Human Rights (OHCHR) sent a note verbale to Member States, regional
organizations, national human rights institutions (NHRIs) and non-governmental organizations
(NGOs), requesting information on the implementation of the resolution and on existing
legislations and jurisprudence concerning defamation of and contempt for religions. OHCHR
received contributions from nine Member States,1 one regional organization (the Council of
Europe) and five NGOs in consultative status with ECOSOC, which are summarized in
A/HRC/9/7. Section V of the present study summarizes replies received from Member States
regarding national legislation and jurisprudence.
4.
The study presents preliminary findings from research conducted by OHCHR on
international, regional and national legislations and relevant jurisprudence concerning
defamation of and contempt for religions. Information on national legislation and jurisprudence
is limited to the replies received.
5.
Section II of the study summarizes relevant provisions of international instruments and
jurisprudence related to freedom of religion, permissible restrictions on freedom of expression
and religion, and incitement to religious hatred and violence. Section III refers to the conclusions
and recommendations made by Special Rapporteurs and former mandate-holders, and Section IV
reviews regional norms and jurisprudence on freedom of thought, conscience and religion and
freedom of expression.
I. BACKGROUND
6.
Resolution 7/19 follows a series of resolutions on defamation of religions adopted by the
General Assembly, the former Commission on Human Rights and the Human Rights Council.
The common concern in these resolutions revolve around several related themes, primarily the
stereotyping and negative portrayal of religions, in particular Islam, the association of Islam with
1
Argentina, Bahrain, Chile, Costa Rica, Cuba, Egypt, the Islamic Republic of Iran, Mauritius
and Turkey.
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