A/HRC/40/58
According to these opponents of widening the scope of limitations, attempts to shield
religious dogma from criticism do not represent a clash between human rights, but, rather,
are indicative of the misapplication of human rights principles. Moreover, freedom of religion
or belief does not bestow a right on believers to have their religion or belief itself protected
from all adverse comment, but primarily confers on them a right to act peacefully in
accordance with their beliefs (A/HRC/2/3, para. 37). Manifestations of religion or belief, they
note, must comply with the duty to respect the fundamental rights and freedoms of others and
may be subject to limitations on those grounds. In that regard, States have an obligation to
prohibit any advocacy of religious hatred that constitutes incitement to discrimination,
hostility or violence (Covenant, art. 20 (2)). Proponents of restrictions on the freedom of
expression also argue that limits pose an inherent threat to the exercise of the right to freedom
of religion or belief for all, since such restrictions regularly target minority religions or beliefs
whose very existence may challenge the convictions of majority religious communities. This
includes the beliefs of atheists and humanists that, by their very definition, constitute
blasphemy in the eyes of various faith groups.
16.
Nevertheless, as with the freedom to manifest one’s religion or belief, the freedom of
expression is not absolute. The exercise of both freedoms may be limited in the interests of
public safety, order, health and morals, as well as to safeguard the rights and freedoms of
others, and, in the case of freedom of expression, national security. Under international law,
such limitations must: (a) be imposed for permissible reasons; (b) be clearly articulated in
law so that individuals can know with certainty what conduct is prohibited; (c) be
demonstrably necessary and be the least intrusive measure possible to achieve the aim
pursued; and (d) be neither discriminatory nor destructive of the right itself, which must
continue to be protected with a guarantee of due process rights, including access to remedy.
17.
It is recognized under international law that freedom of expression is so fundamental
to democratic society that even the triggers for enforcing restrictions that protect persons
against incitement to myriad harms must be set at a very high threshold. This standard
safeguards against the abuse of said limitations and/or against arbitrary checks on free
thought and debate, both of which are prerequisites to healthy and stable democracies.
Furthermore, the interrelatedness of freedom of religion or belief and freedom of expression
was recognized by the Human Rights Council in its resolution 16/18 and explored in more
detail in the Rabat Plan of Action on the prohibition of advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence. As former
Special Rapporteur Bielefeldt asserted, States should create favourable conditions for
everyone to be able to enjoy the right to freedom of religion or belief. That requires, inter
alia, taking measures to eliminate all forms of intolerance, stigmatization and negative
stereotyping of persons based on their religion or belief, as well as adopting effective policies
to prevent acts of violence or incitement thereto (A/HRC/31/18, para. 9).
18.
In that regard it is stressed in the Rabat Plan of Action that political and religious
leaders should refrain from using messages that may incite violence, hostility or
discrimination, that they should speak out firmly and promptly against “hate speech” and that
they should make clear that violence cannot be justified by prior provocation
(A/HRC/22/17/Add.4, appendix, para. 36). Even though some influential figures within
religious communities have been sources of incitement, their important role in speaking out
against human rights abuses and in condemning the use of religion to justify violent
extremism or human rights violations must continue to be fostered.
19.
Under other initiatives, measures have been promoted that can be taken by a variety
of State and civil society actors to counter discrimination and violence perpetrated in the
name of religion or belief. The shared objective is to promote human rights and to uphold
freedom of religion or belief. For example, the Plan of Action for Religious Leaders and
Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes (Fez Plan of
Action) was launched in July 2017 after a series of regional workshops led by the Office on
Genocide Prevention and the Responsibility to Protect that brought together a diverse group
20.
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