A/HRC/43/46
discriminatory impact on the absolute right to freedom of belief, a universal right and an
intrinsic aspect of a person’s humanity, which allows everyone to practice their religion or
belief, individually and in community with others, in private or in public. Legislation tightly
regulating religious exercise, including measures placing burdensome or unattainable
requirements on the registration of religious groups, measures criminalizing religious
practices and rituals absent registration, measures limiting the possibility of importing
religious literature or added sanctions for individuals convicted of “extremism”, such as bans
on visiting places of worship, praying aloud, consuming religiously sanctioned food or
sharing their faith with others, all directly impinge on the right to freedom of religion. They
have a disproportionate impact on certain religious groups and individuals exercising their
freedom of thought, conscience and religion. The Special Rapporteur recalls that that right
exists independently of administrative approval.68 Limitations do not apply to belief per se
and, under article 18 (3) of the International Covenant on Civil and Political Rights, they
must be legally prescribed, be clearly necessary (i.e., as a last resort), pursue a legitimate aim
and be proportionate (i.e., minimal degree of interference) and non-discriminatory in
intention and effect.
32.
Many practices for preventing and countering violent extremism involve targeting
particular people, communities and groups, giving rise to assumptions about their “suspect”,
profiling, excluding and compounding structural discrimination and exclusion, including
surveillance and harassment.69 The Special Rapporteur is particularly concerned by the socalled “whole of society” approach, in which responsibilities to detect “signs of
radicalization” fall upon various actors in society, including teachers, social workers, medical
staff and other health-care professionals, prison staff, neighbours and family members,
community leaders and members of faith-based groups.70 She views the securitization of care
professions, including medical professions and social work, as impinging on the unique
ethical obligations of professionals in those fields to those they serve. 71 In addition to creating
an environment in which the threat of violent extremism is ubiquitous and pervasive, the
negative impact cannot be overstated. Not only do those measures break the fragile trust that
individuals and communities place in those professionals, whose primary duty is to protect
and empower, but, without any reliable scientific understanding of the process that makes
individuals turn to violent extremism, accurate identification is largely unattainable. Such
policies lead to overselection and overreporting, largely on prohibited discriminatory
grounds, having an impact on the rights to freedom of religion and expression and privacy.
Furthermore, the lack of transparency about the use of the information generated and its often
underregulated sharing across government entities lends credence to a perception that
preventing and countering violent extremism is yet another tool of a State intelligence entity’s
counter-terrorism efforts, rather than a genuine effort at building resistance to the threat of
violent extremism.
33.
The Special Rapporteur notes that working with recruiters who are responsible for
convincing people to join extremist groups using faith-based reasons, rhetoric and critical
thinking tools is an effective method to prevent extremism. 72 She agrees with the Special
Rapporteur on freedom of religion or belief however that it is not the Government’s role to
look for the “true voices” of any religion or belief and that the contents of a religion or belief
should be defined by the worshippers. 73 She recalls that the perception that a Government
can authorize or control the way that individuals think or what they believe, through targeted
68
69
70
71
72
73
12
A/HRC/28/66/Add.1, paras. 19 and 26.
A/73/362, paras. 19–21.
See United Kingdom, guidance for specified authorities in England and Wales on the duty in the
Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being
drawn into terrorism (available at www.gov.uk/government/publications/prevent-duty-guidance);
A/HRC/43/46/Add.1 and A/HRC/40/52/Add.4.
Note the specific recommendations regarding medical and other professionals in
A/HRC/40/52/Add.5.
UNDP, “Report on Oslo II”.
A/HRC/7/10/Add.3, para. 76.
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