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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