A/HRC/9/25
page 10
“defamation of religions may offend people and hurt their religious feelings but it does not
necessarily or at least directly result in a violation of their rights, including their right to freedom
of religion” (paras. 36 and 37).
37. The report further emphasized that criminalizing defamation of religions can be
counterproductive since “rigorous protection of religions as such may create an atmosphere of
intolerance and can give rise to fear and may even provoke the chances of a backlash” (para. 42).
The Special Rapporteurs recommended that the Human Rights Committee consider the
possibility of adopting complementary standards on the interrelations between freedom of
expression, freedom of religion and non-discrimination, in particular by drafting a general
comment on article 20 of ICCPR.
38. In his report to the sixth session of the Human Rights Council (A/HRC/6/6), the
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance underlined that “fighting religious discrimination in general requires a strong
focus on preventing the direct and indirect consequences of defamation of religions, including its
role in legitimizing racist and discriminatory discourse” (para. 13).
39. On 22 April 2008, during the first substantive session of the Preparatory Committee for the
Durban Review Conference, he suggested, inter alia, that based on his experience in reporting on
defamation of religions, the focus of the debate on racism and religion should be shifted away
from defamation of religions to incitement to racial and religious hatred. In his view, while
defamation of religions is a sociological concept, incitement to racial and religious hatred is a
legal concept that can be dealt with under international instruments; in the framework of human
rights, incitement to racial and religious hatred is prohibited by ICCPR, ICERD and the Durban
Declaration and Programme of Action, and by many national constitutions.
40. In her report on the elimination of all forms of religious intolerance submitted to the
sixty-second session of the General Assembly, the Special Rapporteur on freedom of religion or
belief underlined that several domestic blasphemy laws “protect only the prevailing religion in
the State concerned, or they are applied in a discriminatory sense” and are used to repress
minorities, dissenters, atheists and non-theists (A/62/280, para. 70). She suggested that “a useful
alternative to blasphemy laws could be to fully implement the protection of individuals against
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence according to article 20 (2) of the International Covenant on Civil and
Political Rights” (para. 76). She also pointed out that in view of the huge number of religions and
beliefs, genuine differences of opinion between their believers may arise and that “it would be
difficult and potentially dangerous to define in abstracto what constitutes a ‘defamation of
religion’ as well as to find an impartial, independent and non-arbitrary body for adjudicating
such cases” (para. 77).
41. In her report on a country visit (E/CN.4/2006/5/Add.2) the Special Rapporteur affirmed
that the State has the responsibility to ensure that justice is done promptly and properly, stressing
that “there cannot be a lasting solution without proper justice for the perpetrators and victims of
all acts of violence on religious grounds that have occurred. A climate of impunity can only
encourage those who plan to foment further violence” (para. 95). The State has the obligation to
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents