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of protecting public safety, order, health or morals, or the fundamental rights and
freedoms of others; (c) it conforms to the principle of proportionality; (d) it is applied
in a way that does not vitiate the rights guaranteed under freedom of religion or belief;
and (e) it is not discriminatory in purpose or effect.
9.
Furthermore, empirical research shows that increased respect for freedom of
religion or belief for all is associated with lower levels of religious persecutio n and
of conflicts based on religion. 3 Studies on “horizontal inequalities” also demonstrate
that inequality and discrimination on the basis of religious identity are also likely to
increase the occurrence of conflicts. 4 As a result, it is essential that the authorities
responsible for meeting security needs engage with, and listen to, those who exercise
agency with regard to freedom of religion or belief, 5 as well as actors involved with
promoting civil liberties.
10. In the present report, the Special Rapporteur briefly explores how violence in
the name of religion or belief has affected perceptions about the relationship between
human rights and national security. He contends that strategies to prevent violent
extremism have tended to alienate a range of religious or belief communities,
undermining the enjoyment of several fundamental freedoms and defeating the
ultimate objectives of enhancing public safety, tolerance and mutual understanding
(see A/HRC/31/65). 6 Consequently, the Special Rapporteur asserts that, in certain
ways, some policy practices for countering violent extremism have “securitized”
religion or belief, wherein religion is perceived as a threat requiring extraordinary,
punitive legal and policy measures. 7
11. As a result, freedom of religion or belief and the range of rights on which it
depends are being undermined or violated, public trust and societal resilience is being
enfeebled and efforts to prevent violent extremism are being undercut. Therefore, the
Special Rapporteur also argues that ensuring the right to freedom of religion or belief
for all persons reduces conflict involving religion or belief, thereby better facilitating
social cohesion and human security.
12. Finally, the Special Rapporteur surveys some of the initiatives undertaken
within the United Nations human rights framework to mobilize respect for freedom
of religion or belief as a positive resource for strengthening societal cohesion,
reinforcing public trust and enhancing resilience against violent extremism, in line
with the agenda for implementation outlined by the Special Rapporteur in his first
report to the Human Rights Council (A/HRC/34/50).
__________________
3
4
5
6
7
18-14697
Brian Grim and Roger Finke, The Price of Freedom Denied: Religious Persecution and Conflict
in the Twenty-First Century (Cambridge University Press, 2010). See also A/HRC/70/674,
paras. 26 and 28.
Discrimination on the basis of religion or belief is one among several factors that empirical
research into horizontal inequalities considers. See, for example, Frances Stewart, “Horizontal
inequalities as a cause of conflict” (2009). Available at www.bradford.ac.uk/social-sciences/
media/socialsciences/BDLStewart.pdf.
This includes the need to consult religious and other minorities in matters which affect them, as
upheld in minority rights (see article 2, paragraph 3, of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minori ties (General Assembly
resolution 47/135, annex)).
See also Faiza Patel and Amrit Singh, “The human rights risks of countering violent extremism
programs”, 7 April 2016. Available at www.justsecurity.org/30459/human-rights-riskscountering-violent-extremism-programs/.
Barry Buzan, Ole Wӕver and Jaap de Wilde, Security: A New Framework for Analysis (London,
Lynne Rienner Publishers, 1998).
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