E/CN.4/2005/61
page 18
B. Anti-terrorist legislation
59.
Over the last few years, many States have adopted legislation and other measures
designed to fight against terrorism. Some of these laws and measures have, however, presented
a simplistic link between terrorism and religion which, in turn, may have contributed to
provoking even more acts of religious intolerance leading to violence.
60.
The Special Rapporteur underlines that freedom of religion or belief is a fundamental
right that is not susceptible of derogation, even in time of emergency or because of national
security concerns, as is clearly stated in article 4 of ICCPR. This aspect of freedom of religion
or belief not only implies that no individual can be deprived of this right even in time of
emergency, but also that States should avoid equating certain religions with terrorism as this may
have adverse consequences on the right to freedom of religion or belief of all members of the
concerned religious communities or communities of belief.
C. Categorization of religions
61.
Without addressing the question of whether a “State religion” is a system that is
compatible with human rights, the Special Rapporteur has noted that in a few States, legislation
has been adopted that recognizes certain religions and not others or that institutes a different
status among certain categories of religions. While the Special Rapporteur has not been
provided with sufficient information suggesting that in any of these cases the legislation actually
causes violations of the right to freedom of religion or belief, she is of the opinion that the
legalization of a distinction between different categories of religion is liable to pave the way for
future violations of the right to freedom of religion or for discrimination on the basis of religion
or belief.
62.
On this question, the Special Rapporteur would like to refer to a report on a country visit
made by her predecessors and according to which “the principle of freedom of religion or belief,
as enshrined in international human rights law, is difficult to reconcile with a formal or legal
distinction between different kinds of religious or faith-based communities insofar as such a
distinction in their status must imply a difference in rights or treatment, which may, in some
cases, constitute discrimination that is incompatible with the exercise of human rights”.6
V. OTHER ASPECTS OF THE MANDATE
63.
The present report is the first one by the Special Rapporteur to the Commission since she
was entrusted with the mandate on freedom of religion or belief. Therefore, she does not wish at
this stage to take a formal position on some of the more complex aspects of the mandate.
Nevertheless, she would like to raise the following issues, to which she will pay closer attention
in her future activities.
A. Religious symbols
64.
The question of religious symbols has been widely discussed over the last year in many
countries. In the last few years, discussions have mainly focused on the Islamic headscarf and
whether women should be allowed to wear them in public places and, in particular, if the girl