A/HRC/9/25
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75. The Constitution of Costa Rica establishes, in article 75, that the Roman Catholic and
Apostolic Religion is the religion of the State, without preventing the free exercise of other
forms of worship that are not opposed to universal morality and good customs. Article 28 of the
Constitution stipulates that no one may be disturbed or persecuted for the expression of his
opinions or for any act which does not infringe the law; private actions which do not harm the
morals or public order, or which do not cause any damages to third parties are outside the scope
of the law. However, clergymen or secular individuals cannot in any way engage in political
propaganda invoking religious motives or making use of religious beliefs.
76. The Constitution of Cuba, in its article 42, prohibits discrimination on the grounds of race,
skin colour, national origin, religious beliefs and any other form of discrimination harmful to
human dignity. Furthermore, article 55 stipulates that the State recognizes, respects and
guarantees freedom of conscience and of religion, every citizen’s freedom to change religious
beliefs or to not have any, and to profess, within the framework of respect for the law, the
religious belief of his preference. Article 294 of the Cuban Penal Code envisages imprisonment
for two years for an offence against freedom of religion committed by a public employee.
77. The Egyptian Constitution, in article 40, guarantees that all citizens are equal before the
law and have equal public rights and duties without discrimination on grounds of race, ethnic
origin, language, religion or creed. The Constitution also stipulates that the State shall guarantee
freedom of belief and freedom of practice of religious rites. With regard to criminal law,
article 160 of the Penal Code of Egypt sanctions the use of violence or threats to disrupt or
interrupt the religious observances or celebrations of any community; the destruction, damage or
desecration of premises dedicated to the practice of religious rites, or of symbols or other articles
venerated by the members of a religious community or group of people; the violation or
desecration of graves or cemeteries. Furthermore, article 161 envisages penalties for printing or
publishing distorted versions of a holy book of any publicly practised religion, provided the text
is intentionally deflected in a manner that alters its meaning; mimicking a religious celebration in
a public place or community with a view to ridiculing it, or to be watched by an audience.
78. The Constitution of Mauritius in section 11 entitled “Protection of Freedom of
Conscience” provides that except with his own consent, no person shall be hindered in the
enjoyment of his freedom of conscience that includes freedom of thought and religion, freedom
to change religion or belief, and freedom, either alone or in community with others and both in
public and private, to manifest and propagate his religion or belief in worship, teaching, practice
and observance. The Criminal Code of Mauritius contains several provisions with regard to
freedom of conscience, among which, section 206 on outrage against public and religious
morality and section 208 on penalties applicable to the author of outrage against religion.
79. Article 125 of the Turkish Penal Code sanctions any person who attributes an act or fact to
a person in a manner that may impugn that person’s honour, dignity or prestige. Paragraph 3 (b)
and (c) of that article envisages penalties for committed insults because of declaring, altering or
disseminating, his religious, political, social or philosophical beliefs, thoughts or convictions, or
practising in accordance with the requirements and prohibitions of a religion he belongs to; or
where the subject matter is deemed sacred to the religion the person belongs to. The Turkish
Penal Code also sanctions persons who damage, soil buildings and associated buildings (or
structures upon such) of a place of worship or the removable property therein (art. 153,
paras. 1, 2). Moreover, it penalizes persons who publicly provoke hatred or hostility in one
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