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

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