A/HRC/13/40 religion or belief. However, in addition to interreligious conflicts, intra-religious violence also warrants close monitoring and condemnation. All perpetrators, regardless of their or the victims’ religious affiliation, should be brought to justice. 39. Similarly, the Special Rapporteur has noticed that, while criticism of major religions attracts a lot of attention at the national, regional and international levels, more attention should be focused on addressing the numerous cases of incitement to violence against smaller religions. Article 20, paragraph 2, of the International Covenant on Civil and Political Rights obliges States to prohibit by law any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence. However, the right to freedom of religion or belief does not include the right to have a religion or belief that is free from criticism or ridicule.26 The Special Rapporteur would like to emphasize the important role of an independent judiciary, which needs to adjudicate in each particular case according to its own circumstances and taking into account the specific context. There also have been cases of mob violence as a reaction to expressions of perceived criticism of religions and religious personalities. In this context, several special rapporteurs urged all actors to refrain from any form of violence and avoid fuelling hatred. In addition, States should promote the interrelated and indivisible nature of human rights and freedoms and advocate the use of legal remedies and the pursuance of a peaceful dialogue on matters which go to the heart of all multicultural societies.27 40. Religious education is another contentious issue which has sparked controversy in many societies. A number of countries have religious instruction in public schools in a particular religion, while other countries provide for school classes about the history of different religions. From a human rights perspective, the latter is less problematic provided that classes on the history of religions are given in a neutral and objective way. However, public education which includes instruction in a particular religion or belief is consistent with article 18, paragraph 4, of the International Covenant on Civil and Political Rights only if provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and legal guardians. In some countries, religious instruction is mandatory, a situation which poses the problem of how to provide the same level of teaching to children belonging to religious minority groups. They are, in some instances, given no option but to receive instruction in the religion of the majority community. Only in a few cases are schools able to provide religious instruction to students of all the different religious or belief communities. During her interaction with Governments and school authorities, the Special Rapporteur has been made aware of the fact that some parents, who demanded that religious instruction be given in schools, often queried the contents of such religious instruction. This has invariably placed school authorities in a difficult situation, particularly where a religious community is itself divided and has no official spokesperson. The Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools28 provide practical guidance for preparing curricula for teaching about religions and beliefs, as well as preferred procedures for ensuring fairness in the development of such curricula. 26 27 28 GE.09-17648 See A/HRC/2/3, para. 36. See A/HRC/6/5, paras. 3839. Prepared by the Advisory Council of Experts on Freedom of Religion or Belief of the Office for Democratic Institutions and Human Rights (Organization for Security and Cooperation in Europe), available at the address www.osce.org/publications/odihr/2007/11/28314_993_en.pdf. 13

Select target paragraph3