A/HRC/19/60
Rapporteurs looked at the strategic response to hate speech, which should include efforts to
educate about cultural differences, promote diversity, empower and give a voice to
minorities. An example of this is through the support of community media and its
representation in mainstream media. In this context, the Special Rapporteur would like to
refer to the Camden Principles on Freedom of Expression and Equality, 7 which recommend
a public policy framework for pluralism and equality, for example, by making an equitable
allocation of resources, including broadcasting frequencies, among public service,
commercial and community media, so that together they represent the full range of cultures,
communities and opinions in society.
III. Freedom of religion or belief and recognition issues
A.
Introductory remarks
20.
“Recognition” is one of the key terms regularly referred to in debates on freedom of
religion or belief. On closer examination, however, it turns out that this concept harbours a
variety of meanings which should be kept clearly distinct in order to avoid confusion.
Striving for conceptual clarity on the different meanings of “recognition” in the field of
freedom of religion or belief is not a purely academic enterprise. Indeed, in dealing with
practical cases, the Special Rapporteur is often confronted with widespread
misunderstanding about the concept of recognition and the role of the State in this regard.
Such misunderstandings, however, can have a direct negative impact on the enjoyment of
freedom of religion or belief, since they may seriously obscure the applicable international
human rights obligations of States.
21.
In this chapter, the Special Rapporteur focuses on three different meanings of
recognition which relate to different levels of the conceptualization and implementation of
freedom of religion or belief.
22.
The first and most fundamental meaning is “recognition” in the sense of the due
respect for the status of all human beings as rights holders in the area of freedom of religion
or belief, a status finally deriving from the inherent dignity of all members of the human
family.
23.
The second meaning relates to the necessary provision by the State of a legal
personality status, which religious or belief communities need in order to be able to take
collective legal actions. Obtaining such a legal status typically requires undergoing some
administrative “recognition procedures”, which should be designed so as not to pose undue
obstacles, either de jure or de facto, to the accessibility of the required legal personality
status.
24.
The third meaning concerns privileged status positions, often connected with
practical advantages such as tax exemption and financial subsidies, which certain religious
or belief communities enjoy in many States. In this context, the term “recognition” is also
typically used.
25.
All of the above three dimensions are relevant for the implementation of the right to
freedom of religion or belief. However, they have different implications for the role of the
State in the following regard. While the status of all human beings as rights holders cannot
7
8
Article 19: Global Campaign for Free Expression (London, 2009). Available from
www.article19.org/resources.php/resource/1214/en/camden-principles-on-freedom-of-expressionand-equality