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.
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