A/HRC/15/53
89.
The Special Rapporteur distinguishes between stereotyping of religions on one
hand and of religious followers or sacred persons on the other. With regard to
stereotyping of religious followers and of sacred persons, the Special Rapporteur
recalls that the right to freedom of expression may be restricted in order to protect,
inter alia, the rights or reputations of others. However, in accordance with articles 19
and 20 of the International Covenant on Civil and Political Rights, any restrictions on
the right to freedom of expressions must be established in law; they must pursue a
legitimate aim; and they must be proportional to the aim sought to be achieved. As a
result, the Special Rapporteur believes that a very high threshold should be met and
that the defamatory expressions targeting individuals must have been proven false
before they warrant restrictions and sanctions thereon. Moreover, he recommends
that sanctions be of a civil nature only and that fines arising from civil defamation
procedures respect the principle of proportionality in order not to have a long-lasting
and chilling effect on the right to freedom of expression.
90.
With regard to stereotyping of religions, he recalls that vigorously
interrogating and criticizing religious doctrines and their teachings is thoroughly
legitimate and constitutes a significant part of the exercise of the right to freedom of
opinion or expression. Therefore, the Special Rapporteur would like to reiterate that
domestic blasphemy laws aiming to protect religions per se can prove
counterproductive since they could result in de facto censure of robust examination of
religious doctrines and teachings and of inter- and intra-religious criticism. Moreover,
the Special Rapporteur received reports that many of these laws afford different levels
of protection to different religions and have often proved to be applied in a
discriminatory manner. He was informed of numerous examples of persecution of
religious minorities or dissenting believers, but also of atheists and non-theists, as a
result of legislation on religious offences or overzealous application of laws that may
be fairly neutral on the face of it. Consequently, the Special Rapporteur encourages
States to move away from the notion of defamation of religions towards the legal
concept of advocacy of racial or religious hatred that constitutes incitement to
discrimination, hostility or violence in order to anchor the debate in the relevant
existing international legal framework, and in particular that provided in the
International Covenant on Civil and Political Rights.
91.
Advocacy of racial or religious hatred is a symptom, the external manifestation
of something much more profound which is intolerance and bigotry. Intolerance
against individuals based on their religion or belief unfortunately continues to be
manifested in different ways. It is therefore critical that States find the most effective
ways through which to protect individuals from advocacy of hatred and violence by
others. While legislative responses have often been relied on by States to respond to
these phenomena, they are far from being sufficient to bring about real changes in
mindsets, perceptions and discourse. Indeed, tackling the root causes of
manifestations of religious intolerance affecting individual’s human rights requires a
much broader set of policy measures, for example in the areas of education,
awareness-raising and interreligious and intercultural dialogue. The Special
Rapporteur therefore strongly recommends that States put a strong emphasis on a
broad range of preventive measures which aim at fostering a peaceful society where,
inter alia, freedom of expression and freedom of religion or belief may be fully
exercised by all individuals.
GE.10-14999
19
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