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D. Places of worship and other religious buildings or properties
48.
During the period under review, an important number of communications related to
situations or cases where either a place of worship or a religious building or property had been
attacked or otherwise subjected to other forms of restriction. States to which such a
communication has been transmitted are disparate and no region is spared this form of human
rights violation. Moreover, the Special Rapporteur notes that in addition to places of worship,
different types of buildings or properties that have more than a material signification for the
religious community that is attached to it, such as cemeteries, monasteries or community
headquarters, have been targeted. Finally, while attacks on such places have usually been
committed by non-State actors, other forms of harm or restrictions were usually committed or
imposed by State authorities.
49.
Regarding, in particular, attacks on places of worship, the Special Rapporteur wishes to
point out that in addition to the special protection that is granted to religious places, sites and
shrines by resolution 2004/36, members of religious communities or communities of belief,
whenever they find themselves in places of worship, are in a situation of special vulnerability
given the nature of their activity. The Special Rapporteur is therefore of the opinion that States
should pay increased attention to attacks on places of worship and ensure that all perpetrators of
such attacks are properly prosecuted and tried.
50.
More generally, as mentioned, inter alia, in paragraph 4 of the Human Rights
Committee’s general comment No. 22,4 the Special Rapporteur insists that places of worship are
an essential element of the manifestation of the right to freedom of religion or belief to the extent
that the great majority of religious communities or communities of belief need the existence of a
place of worship where their members can manifest their faith.
51.
Moreover, unlike other forms of violations of the right to freedom of religion or belief,
attacks or other forms of restriction on places of worship or other religious sites and shrines in
many cases violate the right not only of a single individual, but the rights of a group of
individuals forming the community that is attached to the place in question.
52.
Finally, the Special Rapporteur draws attention to article 53 of the Protocol Additional to
the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I) and article 16 of the Protocol Additional to the
Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
Non-International Armed Conflicts (Protocol II), which protect places of worship in times of
armed conflict.
E. Religious publications
53.
Although few communications have dealt with the question of religious publications, the
Special Rapporteur wishes to emphasize that, in order to comply with universally accepted
standards of freedom of religion or belief, the banning of such publications has to be properly
justified under the permissible limitations provided for by article 18 of ICCPR and that such
limitations are to be applied strictly. The Special Rapporteur considers that, in the cases that
have been brought to her attention, the ban usually failed to meet that test.