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function as places of worship and education. Again, that can directly affect the
collective dimension of the human right to freedom of religion or belief. 8
B.
Freedom of movement
18. Some States have modified various aspects of their legislation to prevent the
internal movement of individuals considered to be “extremists”, which can result in
discriminatory practices involving religion or belief. Contrary to international human
rights norms, these practices include initiatives to relocate individuals within their
country of residence or nationality, measures that amend the rules applicable to
asylum seekers or migrants and steps to review citizenship rules and even revoke
citizenship. Such measures can obviously have a serious impact on freedom of
movement. They also negatively affect the right to the presumption of innocence and
the right to due process, the right to be protected against the arbitrary deprivation of
nationality, the right to liberty and security and the right to freedom of religion or
belief (see A/HRC/31/65, para. 41).
C.
Profiling, surveillance and harassment
19. States also continue to adopt, within the framework of preventing and
countering violent extremism, legislation and policies that profile members of certain
religious or belief groups (which are deemed by the State concerned as inclined
towards “radicalization”, “extremism”, or criminality) on the basis of stereotypes,
including policies that classify peaceful manifestations of religious belief as
indicators of support for violent extremism. Others are increasingly misusing vaguely
worded national security measures to target political opponents, human rights
defenders, journalists, environmental activists, artists and labour leaders. Many other
States have concerns that some places of worship are environments for radicalization
that will lead to terrorism and/or recruitment by groups that espouse violence, and
have responded by reviewing sermons, screening and interrogating those who enter
and leave places of worship and employing other monitoring activities. Occasionally,
Governments have shuttered places of worship and prohibited certain religious
leaders from maintaining or being appointed to certain positions in the community.
20. Moreover, according to a study, there are still Governments who use security
reasons to formally ban religious or belief groups and render membership in these
groups a criminal offence. 9 The criteria for this do not always appear to be clear, or
closely connected to proof of the group’s engagement in or material support for
violence or its incitement. Some States only recognize a specific religion or religions,
restrict the practice of other religions or beliefs and invoke so -called security
measures to inhibit the promotion of those religions, often contending that allowing
for the practices of different religions or beliefs woul d increase social hostilities. In
many cases, persons prosecuted under these laws are deemed to be members of a faith
or belief community that “distorts” the interpretations of “recognized” religions.
21. In a similar vein, for some States the promotion of a specific religion or religions
is, in fact, a matter of national identity and therefore its protection is, in itself, treated
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8
9
18-14697
For a rich discussion of the negative impact of this, see Organization for Security and
Cooperation in Europe (OSCE), Guidelines on the Legal Personality of Religious or Belief
Communities (Warsaw, OSCE Office for Democratic Institutions and Human Rights, 2014).
Available at www.osce.org/odihr/139046.
Pew Research Center, Global Uptick in Government Restrictions on Religion in 2016 (2018).
Available at www.pewforum.org/2018/06/21/global-uptick-in-government-restrictions-onreligion-in-2016/.
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