A/HRC/13/40 and curing it takes far longer than instigating it. The struggle against discrimination must be intensified and given higher priority by all societies and at all levels as a key human rights objective. 49. Prevention is therefore key to creating an atmosphere of religious tolerance. The structure of the State, its method of governance and educational policies, and the commitment of Governments and societies to fundamental human rights are the central ingredients that can act as precautionary factors in creating religious harmony or contributing factors to religious friction. These principles also apply at the global level. Religious bigotry is not confined to any one region, nor does it recognize national boundaries. Denial — or perceived denial — of freedom of religion or belief in one region or country can trigger reactions in another part of the world. The basic principles of freedom of religion or belief must find equal respect in all societies. The Special Rapporteur would like to reiterate that all human rights are universal, indivisible and interdependent and interrelated. 50. Through research, the information received by the Special Rapporteur, exchange with experts, country visits and communications with States, some general patterns and issues of concern can be identified (see paragraphs 33–47 above). There are indeed several contentious issues that societies are trying to resolve. While some of these religious issues are dealt with in a careful and well thought-out manner, other issues have unfortunately been allowed to fester until the controversy erupts into violence. However, there are also some good practices and innovative approaches with regard to freedom of religion or belief that the Special Rapporteur continues to share, inter alia, through her country mission reports. 51. With a view to promoting the adoption of measures at the national, regional and international levels to ensure the promotion and protection of the right to freedom of religion or belief, the Special Rapporteur would like to present some ideas for appropriate responses by various actors. Consequently, the Special Rapporteur identifies the following measures and recommendations with regard to: (a) the role of the State; (b) the role of religious leaders and civil society; and (c) the role of the international community and human rights mechanisms. A. Role of the State 52. States have the main responsibility for implementing international human rights standards, including on the promotion and protection of freedom of religion or belief. On the one hand, States must refrain from violating freedom of religion or belief and, on the other hand, they also have the obligation to protect persons under their jurisdiction from violations of their rights, including abuses committed by nonState actors. Measures should not only consist in prosecuting the perpetrators of such acts and providing compensation to the victims, but also in devising specific preventive action to avoid the recurrence of such acts in future. 53. The legislative and executive branches should adopt non-discriminatory laws and policies which aim at achieving equality. Domestic legislation must also be in conformity with article 20, paragraph 2, of the International Covenant on Civil and Political Rights. Indeed, incitement to religious hatred can be an indicator of emerging tensions and the relevant authorities should find the most effective ways to protect individuals against others’ advocacy of hatred and violence. In this regard, an independent and impartial judiciary, which examines each case on its own merits, is vital to ensuring that neither religious freedom nor freedom of expression is unduly restricted. 16 GE.09-17648

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