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. 5

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