A/HRC/9/25 page 9 32. The Committee also expressed concern about reported cases of “Islamophobia” following the 11 September attacks and recommended that States give early consideration to the extension of the crime of incitement to racial hatred to cover offences motivated by religious hatred against immigrant communities.7 Similarly, it recommended that the motive of religious hatred, together with racial or ethnic hatred, be taken into account as an aggravating circumstance in proceedings under the criminal law.8 III. REPORTS AND FINDINGS OF SPECIAL RAPPORTEURS 33. Reports and studies by special procedures of the Human Rights Council, and previously, of the Commission on Human Rights provide further insight into the normative and operational dimension of defamation of religions. In the framework of their mandates, through in situ visits, dialogue with Governments, studies and periodic reports, special procedures can help to articulate and clarify principles and contribute towards standard-setting. The mandate of the Special Rapporteur on freedom of religion and belief, in particular, was created by the Commission on Human Rights in 1986 to monitor the implementation of the Declaration and to recommend remedial measures, as appropriate. Together with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the Special Rapporteur on freedom of religion and belief has made important contributions on relevant issues, including the state of freedom of religion, tolerance, and the scope of State responsibility. 34. The former Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance repeatedly reported to the Commission on Human Rights and Human Rights Council on the issue of “defamation of religions”. In 2004, for example, he submitted a report to the sixty-first session of the Commission on Human Rights in which he referred to anti-Semitism, Christianophobia and Islamophobia as forms of discrimination.9 35. In 2006, the Special Rapporteur on racism and the Special Rapporteur on freedom of religion or belief submitted a joint report to the second session of the Human Rights Council, in which they noted that there are close links between the issue of defamation of religions and the right to freedom of expression, as well as discrimination and intolerance (A/HRC/2/3, paras. 8 and 17). 36. They also stated that “international human rights law protects primarily individuals in the exercise of their freedom of religion and not religions per se” (para. 27), noting that “the right to freedom of religion or belief, as enshrined in relevant international legal standards, does not include the right to have a religion or belief that is free from criticism or ridicule” and that 7 CERD/C/63/CO/11, para. 21 (10 December 2003). 8 CERD/C/DEU/CO/18, para. 26 (21 August 2008). 9 E/CN.4/2005/18/Add.4, paras. 13, 15, 40, 48.

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