A/HRC/40/58
of religious actors, human rights experts and defenders and civil society organizations in
order to prevent incitement to violence that could lead to atrocity crimes.5
The “Faith for Rights” framework, launched in March 2017 under the auspices of
OHCHR with the engagement of faith actors and international human rights experts, draws
from insights gleaned under the Rabat Plan of Action into the positive role that faith actors
can play in responding to incitement to violence. The aim of the Faith for Rights framework
is to mobilize faith-based resources to promote the human rights framework, in particular by
recognizing the interdependence of the freedom of expression and the freedom of religion or
belief. 6 The Beirut Declaration on Faith for Rights and its 18 commitments promote the
resolve not to oppress critical voices and views on matters of religion or belief, however
wrong or offensive they may be perceived, in the name of the “sanctity” of the subject matter
(see annexes I and II). Echoing the Rabat Plan of Action, the 18 commitments also contain a
call upon States that still have anti-blasphemy or anti-apostasy laws in force to repeal them,
stressing that such laws stifle the freedom of thought, conscience, and religion or belief, as
well as a healthy dialogue and debate about religious issues.
21.
In recognition of the importance of long-term measures, the 18 commitments include
a further undertaking to refine the curriculums, teaching materials and textbooks wherever
some religious interpretations, or the way they are presented, may give rise to the perception
of condoning violence or discrimination. The 18 commitments also include a pledge to
defend academic freedom and the freedom of expression in accordance with international
human rights law, in particular for academics who study religion, which promotes the notion
that religious belief can be subjected to new challenges and can be a source for facilitating
free and creative thinking.
22.
These initiatives underscore the growing consensus in the international human rights
community that anti-blasphemy laws run counter to the promotion of human rights for all
persons (A/HRC/22/17/Add.4, appendix, para. 19). As such, the international normative
standard is clear: States may not impose punishment for insults, criticism or giving offence
to religious ideas, icons or places, nor can laws be used to protect the feelings of religious
communities. In that spirit, several countries, including Norway, the Netherlands, the United
Kingdom of Great Britain and Northern Ireland, and, most recently, Denmark, Malta, Ireland
and Canada have repealed anti-blasphemy laws. It is important to note, however, that antiblasphemy laws remain in force in many countries, and that Governments throughout the
world are resorting to laws to protect people’s feelings or indeed religious doctrine, or are
attempting to legislate civility.
23.
IV. Restrictions on the freedom of expression and their impact on
the freedom of religion or belief
While the international community is reaching a consensus on the undesirability of
anti-blasphemy laws, individual societies in many parts of the world are not. Nearly 47 per
cent of countries and territories in the world have laws or policies that penalize blasphemy,
apostasy, or the defamation of religions.7 Those countries continue to debate whether it is
legitimate to impose legal restrictions on speech that offends religious sensibilities, or to
prohibit the expression of views that negatively stereotype a group or community by implying
that the values and actions of that community as a whole can be defined by the acts of
terrorism and other illegal or anti-social actions committed by some of its members.
24.
Individuals or States may advocate for restrictions on blasphemy based on the
perception that free expression may cause an affront to the “sacred”, and thus an affront to
25.
5
6
7
6
See www.un.org/en/genocideprevention/advising-and-mobilizing.shtml.
See www.ohchr.org/EN/Issues/FreedomReligion/Pages/FaithForRights.aspx.
Joelle Fiss, “Anti-blasphemy offensives in the digital age: when hardliners take over”, Analysis
Paper, No. 25 (Washington D.C., Brookings Institute, 2016).