A/HRC/12/38
page 11
nature and degree depending on historical, geographical and cultural context. Indeed, while the
present report has a specific focus, cases of religious discrimination and of incitement to
religious hatred affecting members of other religions or beliefs should also be acknowledged and
addressed.
31. Furthermore, the specific focus of the present report should not detract attention from the
intra-religious dimension qualified by the former mandate holder (A/HRC/9/12, para. 37) as
“one of the most pervasive and historically most violent and tenacious manifestations of
religious discrimination” and which often leads to the persecution of intra-religious minorities. In
addition, the former mandate holder voiced his concern at the situation of members of religious
minorities, spiritual and syncretistic traditions, “sects” or new religious movements, since they
are frequently subject to various forms of discrimination as a consequence of government
policies and national legislation (A/HRC/9/12, para. 38).
B. Interrelatedness of international human rights standards
32. The question of incitement to racial or religious hatred involves the rights and freedoms
enshrined in the following four provisions of international human rights law: article 18 of the
International Covenant on Civil and Political Rights on freedom of conscience, thought and
religion; article 19 of the Covenant on freedom of opinion and expression; article 20 of the
Covenant on advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence; and article 4 of the International Convention on the
Elimination of All Forms of Racial Discrimination on incitement to racial discrimination as well
as acts of violence or incitement to such acts.
33. Given the interrelatedness of these provisions of international human rights law, the
Special Rapporteur has cooperated with the Special Rapporteur on freedom of religion or belief
and the Special Rapporteur on the protection and promotion of the right to freedom of opinion
and expression. The three mandate holders addressed the question of “freedom of expression and
incitement to racial and religious hatred” during a side event organized by the Office of the
United Nations High Commissioner for Human Rights at the Durban Review Conference.5
34. Recalling that all human rights are universal, indivisible, interdependent and interrelated,
the three mandate holders stressed this interdependence in the context of the discussion on
freedom of expression and incitement to racial or religious hatred. They reaffirmed that the right
to freedom of expression constitutes an essential aspect of the right to freedom of religion or
belief and therefore needs to be adequately protected in domestic legislation. Moreover, freedom
of expression is essential to creating an environment in which a critical discussion about religion
can be held. While the exercise of freedom of expression could, in some extreme cases, affect the
right to manifest the religion or belief of certain identified individuals, the three mandate holders
stated that it was nonetheless conceptually inaccurate to present “defamation of religions”
in abstracto as a conflict between the right to freedom of religion or belief and the right to
freedom of opinion or expression.
5
The full text of the joint statement of the three Special Rapporteurs is available online at:
www2.ohchr.org/english/issues/racism/rapporteur/docs/Joint_Statement_SRs.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents