E/CN.4/2005/61
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B. Freedom of religion and freedom of expression
71.
A number of situations that have been brought to the attention of the Special Rapporteur,
related to instances where persons, whether members of religious communities or not, have
criticized, in different ways and at various intensity, the religion or beliefs of others. In some of
these cases, it has been argued that the alleged victims of such criticisms had their right to
freedom of religion violated.
72.
The Special Rapporteur would like to emphasize that the right to freedom of expression
is as valuable as the right to freedom of religion or belief. Freedom of expression and freedom
of religion or belief are two essential fundamental human rights that should be equally respected
and protected. Limitations permitted by the relevant human rights instruments have to be
applied strictly and the right balance has to be struck, keeping in view the provisions of article 8
of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief, according to which “nothing in the present Declaration shall be construed
as restricting or derogating from any right defined in the Universal Declaration of Human Rights
and the International Covenants on Human Rights”.
VI. CONCLUSIONS AND RECOMMENDATIONS
73.
The Special Rapporteur noted that the absence of, or limitations on, the freedom of
religion or belief remains a reality for a large number of individuals worldwide. In this
respect, she intends to make every effort so that the mandate is informed of - and can take
appropriate action on - most of these violations. The future activities carried out under the
mandate will therefore be mainly devoted to its protection aspect, which is the monitoring
of cases and situations where freedom of religion or belief are allegedly committed.
74.
Among the main concerns are the continuing violations of human rights of members
of certain religious minorities, as well as the still widely applied practice of forced
conversion. The Special Rapporteur considers that such a practice breaches the strongest
and most fundamental part of freedom of religion or belief and should be given greater
attention by the international community.
75.
The information that has been brought to the attention of the Special Rapporteur
also reveals that a large number of the violations of the right to freedom of religion or
belief are committed by non-State actors, whether members of religious groups themselves
or others. The Special Rapporteur notes in this regard that there is still a tendency even
today to forget about the positive human rights obligations of States. States have an
obligation to ensure freedom of religion or belief to the persons finding themselves within
their jurisdiction. Where acts of violence or other acts of religious intolerance are
committed against individuals, States have both an obligation to protect and an obligation
to remedy the situation. Perpetrators must be brought to justice.
76.
Governments must pay more attention to protecting religious sites, buildings and
shrines, as reports of acts of desecration and other forms of destruction are increasing.
These are alleged to have been largely carried out by non-State actors, but not only by
them.