A/HRC/15/53
individuals. He would like to express his serious concerns with regard to acts of
violence or acts of discrimination targeting Muslim individuals which are based on
religious intolerance. The Special Rapporteur takes the view that this phenomenon
remains a serious issue in a variety of countries and that it therefore needs to be
addressed with greater resolve by States in order to prevent further discrimination
and violence, and incitement thereto, and intolerance against Muslim individuals.
84.
The Special Rapporteur strongly condemns acts of violence or discrimination,
or incitement thereto, against persons based on their religion or belief. He recalls that
these acts are clearly prohibited in international law and that relevant human rights
standards guarantee the right to life, the right not to be subjected to torture or to
cruel, inhuman or degrading treatment or punishment, the rights to liberty and to
security of person, as well as the overarching principle of non-discrimination. As
regards incitement to acts of violence or discrimination against persons based on their
religion or belief, the Special Rapporteur calls upon States to take all necessary and
appropriate measures to implement article 20 of the International Covenant on Civil
and Political Rights.
85.
The Special Rapporteur strongly condemns attacks on religious sites. He recalls
that places of worship are an essential element of the manifestation of the right to
freedom of religion or belief which is protected by international human rights law.
The Special Rapporteur therefore calls upon States to abide by the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination based on Religion or
Belief, as well as relevant General Assembly and Human Rights Council resolutions.
86.
While the Special Rapporteur acknowledges the necessity for States to take
measures to combat terrorism and that profiling is, in principle, a permissible means
of law enforcement activity, he nonetheless expresses his deep concerns at reports of
discriminatory profiling targeting specific groups of the population based on their
perceived ethnic or religious background. In line with the Durban Review Conference
outcome document, he calls upon States not to resort to profiling founded on grounds
of discrimination prohibited by international law, including on racial, ethnic, or
religious grounds.
87.
The bans or restrictions on the construction, use or display of religious symbols
raise several issues in terms of human rights. The Special Rapporteur takes the view
that the following questions should be kept in mind when assessing the legality of such
bans or restrictions: is the construction, use or display of certain religious symbols
constitutive of the freedom to manifest one’s religion or belief? Is the ban or
restriction discriminatory (in a direct or indirect manner) vis-à-vis specific groups of
the population? Is the ban or restriction on the display of religious symbols
proportionate to the necessity for security measures by the State concerned? Is the
ban or restriction on the display of religious symbols necessary to uphold the principle
of equality of men and women? Does the ban or restriction take into account the
individual freedom to wear or not to wear religious symbols? The Special Rapporteur
acknowledges that the question of religious symbols is a delicate one and he
emphasizes that answers to such questions should be provided by an independent and
impartial judiciary and in light of the specific circumstances of each case under
consideration.
88.
The Special Rapporteur regrets reports of stereotyping which do not contribute
to the creation of an environment conducive to constructive and peaceful dialogue
among communities. Nonetheless, he recalls that peaceful expressions of opinions and
ideas should always be tolerated, as long as they do not fall under the restrictions in
articles 19, paragraph 3, and 20 of the International Covenant on Civil and Political
Rights.
18
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