A/73/362
75. International human rights law stipulates that any distinction, exclusion or
preference that, by design or in its application, nullifies or impairs the enjoyment
of human rights and fundamental freedoms is unlawful unless distinctions are
based on objective and reasonable criteria. Therefore, restrictions imposed on
the rights of persons belonging to religious or belief communities, such as the
ability to disseminate religious teachings, construct and maintain places of
worship or communicate with co-religionists across borders, or that curtail
freedoms of movement and association or the right to privacy, must meet the
above-mentioned tests. Such restrictive measures must further be subject to
accountability, including judicial oversight and access to remedy. It is when these
conditions are met that the synergies between human rights and security will be
better realized and religion or belief can contribute to building resilience against
violence in the name of religion.
76. The Special Rapporteur asserts that, where freedom of religion or belief
and the range of rights on which it depends are respected, the space and scope
for counternarratives to be effective against intolerant messages increases.
Measures such as awareness-raising, education and interreligious
communication and intra-faith dialogue can more broadly play a positive role in
countering hateful narratives and ideologies and combating religious
discrimination and hatred, thereby ensuring security. The above approach
requires a larger methodological framework with a consistent human rightsbased approach. The Special Rapporteur therefore intends to promote a
discussion among interested stakeholders in order to develop a manual for faith based actors that allows them, in their respective environments and in an
adaptive manner, to counter hateful narratives and to illustrate how faith(s) can
contribute to human rights.
77. Given the role that religious or belief interpretations and identity play in
violent extremism, States must focus on strengthening respect for freedom of
religion or belief in accordance with the international legal framework.
International human rights law does not protect every act motivated by religious
conviction and in fact notes that freedom of religion or belief cannot be invo ked
to destroy any of the other rights guaranteed by the human rights framework.
Moreover, the right to freedom of religion or belief includes a right to
non-discrimination and equality.
78. The Special Rapporteur would like to reiterate the recommendations made
by the High Commissioner for Human Rights, and by the Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms while
countering terrorism, to ensure vigilant action by States to protect from violence
all individuals within their territories and those subject to their jurisdictions,
while fully respecting international human rights law; undertake further
research on the phenomenon of radicalization; pursue evidence-based policies
that meet the human rights obligations of States; and ensure a gendered
perspective that complies with the duty to respect, protect and promote the
human rights of women, children and sexual minorities.
79.
The Special Rapporteur specifically calls upon States to:
(a) Recognize the utility of the Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion or Belief adopted
by the General Assembly in 1981 as a guide in preventing violent extremism and,
in this context, especially respect and protect the freedoms enumerated in article
6 of the Declaration;
(b) Implement fully the action plan detailed in paragraphs 5 and 6 of
Human Rights Council Resolution 16/18 in the interests of fostering pluralism,
18-14697
21/22