A/HRC/28/66
E.
Obligations and responsibilities under international law
1.
Overarching obligations of the State
41.
The State is not just another stakeholder alongside various other actors and
institutions. As the formal guarantor of human rights under international law, the State has
an overarching obligation that can be divided conceptually into three levels, that is, the
obligations to respect, to protect and to promote human rights.
(a)
Obligations to respect
42.
For the context of the present discussion, the obligations to respect chiefly require
that the State abandon all sorts of — formal or informal — policies of exclusion by which
persons belonging to certain groups suffer discrimination.9 This has manifold
consequences. In particular, Government representatives must clearly refrain from any
statements that may be perceived as condoning or even encouraging acts of violence that
target religious dissenters, religious minorities or other groups of people. Legislation that
renders the existence of certain religious communities as such “illegal” in the country or
prevents them from developing a sustainable infrastructure is incompatible with the
universal right to freedom of religion or belief and should be revoked. Such legislation
furthermore fuels resentments and may encourage acts of intimidation, including by law
enforcement agencies. Moreover, the State should repeal anti-blasphemy laws, anticonversion laws and criminal laws that discriminate against certain people according to
their religious affiliations or beliefs or criminalize their “dissident” practices. Apart from
further increasing the vulnerability of marginalized groups or individuals, these laws may
give a pretext to vigilante groups and other perpetrators of hatred for intimidating people
and committing acts of violence. Textbooks used for school education should not contain
stereotypes and prejudices that may stoke hostile sentiments against the followers of certain
religions or beliefs and groups that suffer systematic discrimination, including women and
LGBT persons.
43.
In order to operate as a credible guarantor of freedom of religion or belief for
everyone, the State should not identify itself exclusively with one particular religion or
belief (or one particular type of religions) at the expense of equal treatment of the followers
of other faiths.10 As ample experience demonstrates, the use of religion in the context of
national identity politics always harbours aggravated risks of discrimination against
minorities, for instance, against members of immigrant religious communities or new
religious movements, thus creating divisiveness within the society. Any exclusivist settings
should therefore be critically addressed and finally replaced by an inclusive institutional
framework in which religious diversity can unfold without discrimination and without fear.
(b)
Obligations to protect
44.
Violations of human rights do not only originate from the State; they are quite often
carried out by non-State actors. Nonetheless, the State bears a responsibility for such acts
inasmuch as they may reflect inadequate human rights protection.
45.
A first step towards providing protection against violence in the name of religion is a
quick and unequivocal condemnation of any such acts, whenever they occur, by high
representatives of the State. State representatives should indeed take the lead in rejecting
violence, expressing sympathy for victims and providing public support for targeted
9
10
See Human Rights Committee general comment no. 22, CCPR/C/21/Rev.1/Add.4, paras. 9 and 10.
See A/HRC/19/60, paras. 65 and 66.
11