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the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination based
on Religion or Belief (hereafter, the Declaration)” and “to recommend remedial measures,
including, as appropriate, the promotion of a dialogue between communities of religion or belief
and their Governments”.
8.
By its resolution 2000/33, the Commission changed the title of the Special Rapporteur
on religious intolerance to Special Rapporteur on freedom of religion or belief. The Special
Rapporteur emphasizes in this regard that the Human Rights Committee considers in its
general comment No. 221 that article 18 of the International Covenant on Civil and Political
Rights, which protects freedom of thought, conscience and religion, “is far-reaching and
profound”, it “protects theistic, non-theistic and atheistic beliefs, as well as the right not to
profess any religion or belief. The terms ‘belief’ and ‘religion’ are to be broadly construed.
Article 18 is not limited in its application to traditional religions or to religions and beliefs with
institutional characteristics or practices analogous to those of traditional religions”.
9.
The mandate has been renewed without interruption since its establishment. In
resolution 2004/36, the Commission encouraged the continuing efforts of the Special Rapporteur
and extended the mandate for three years.
10.
In addition to the examination of actions and incidents incompatible with the Declaration,
the Special Rapporteur’s terms of reference further include drawing the attention of
Governments to the compatibility of their governmental policies and measures with the
provisions of the Declaration. It also includes providing them with relevant recommendations
and the evaluation of the contribution that education can make to the more effective promotion
of religious tolerance.
11.
In particular, in the discharge of her mandate, the Special Rapporteur monitors the
compliance of States with their obligations, as developed in resolution 2004/36:
− To ensure that their constitutional and legislative systems provide adequate and
effective guarantees of freedom of thought, conscience, religion and belief to all
without distinction, inter alia by the provision of effective remedies in cases where
the right to freedom of thought, conscience, religion or belief, and the right to practise
freely one’s religion, including the right to change one’s religion or belief, is violated;
− To ensure, in particular, that no one within their jurisdiction is deprived of the right to
life or the right to liberty and security of person because of religion or belief, or is
subjected to torture or arbitrary arrest or detention on that account, and to bring to
justice all perpetrators of violations of these rights;
− In conformity with international human rights standards, to take all necessary action
to combat hatred, intolerance and acts of violence, intimidation and coercion
motivated by intolerance based on religion or belief, with particular regard to
religious minorities, and also to devote particular attention to practices which violate
the human rights of women and discriminate against women, including in the exercise
of their right to freedom of thought, conscience, religion or belief;