A/HRC/12/38
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respect for human values, equality, non-discrimination, respect for others and tolerance,4 and
would like to recall the obligations of States, which are defined in international law, in particular
in article 20, paragraph 2, of the International Covenant on Civil and Political Rights, and in
article 4 of the International Convention on the Elimination of All Forms of Racial
Discrimination.
28. Third, the Special Rapporteur is worried about the above-mentioned reports of incidents
where members of racial or religious minorities have been discriminated against. Discrimination
against members of religious or belief communities prevents them from fully enjoying all their
human rights. It adversely affects their right to freedom of religion or belief but also has a
negative impact on the enjoyment of other human rights or fundamental freedoms. Indeed, other
civil and political rights, such as equality before the law, right to a fair trial, freedom from
arbitrary detention, freedom from torture, freedom of movement, and freedom of assembly and
association may be at stake. Similarly, economic, social and cultural rights, such as the rights to
work, adequate food and housing, health, education and to take part in cultural life, may be
adversely affected. In this regard, the Special Rapporteur would like to refer to the latest report
of the Special Rapporteur on freedom of religion or belief to the Human Rights Council, which
focuses on discrimination based on religion or belief and its impact on the enjoyment of
economic, social and cultural rights (A/HRC/10/8, paras. 29-54). He would like to remind States
of their obligations as prescribed in international human rights law. Concerning discrimination,
States have the duty to refrain from discriminating against individuals or groups of individuals
based on their ethnicity and/or religion or belief; to prevent such discrimination, including from
non-State actors; and to take steps to ensure that, in practice, every person in their territory
enjoys all human rights without discrimination of any kind.
29. Fourth, acts of violence perpetrated against members of religious or belief communities
constitute a blatant human rights violation, for example, with regard to the right to security of the
person or ultimately to the right to life, as prescribed by articles 9 and 6 of the International
Covenant on Civil and Political Rights. In this regard, the report sent by the European Union
Agency for Fundamental Rights highlights that Muslim respondents to the survey who were
victims of assault, threat or serious harassment experienced on average roughly three incidents
over a 12-month period. The Special Rapporteur strongly deplores acts of violence against
individuals based on their religious affiliation and calls upon States to take all necessary and
appropriate measures to investigate these acts, prosecute and sanction the perpetrators in
accordance with international human rights law, and compensate the victims.
30. Whereas the reports sent to the Special Rapporteur by the Organisation of the Islamic
Conference and the European Union Agency for Fundamental Rights both focus on members of
one specific religion and on a specific region of the world, the Special Rapporteur would like to
highlight that members of other religions or beliefs and other regions are also affected by
instances of religious discrimination and incitement to religious hatred. While the present report
specifically focuses on one religion, the Special Rapporteur would like to reiterate the
recommendation of the former mandate holder concerning the need to avoid establishing any
hierarchy in the different manifestations of religious discrimination, even if they may vary in
4
See paragraph 91 of the Durban Declaration.
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