E/CN.4/1998/6 page 3 7. When the provisions of national legislation conform to those of the 1981 Declaration, they constitute a guarantee of freedom of religion and belief, and hence an instrument to combat intolerance and discrimination based on religion and belief. 8. To this end, the General Assembly, in resolution 52/122, and the Commission on Human Rights, in resolution 1997/18 of 11 April 1997, urged States to ensure that their constitutional and legal systems provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without discrimination, including the provision of effective remedies in cases where the right to freedom of religion or belief is violated. 9. As long ago as 1960, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mr. Arcot Krishnaswami, in his “Study of discrimination in the matter of religious rights and practices” (60.XIV.2), stressed the importance that should be given to consideration of legal situations so as to clarify how laws and administrative practices increased or reduced the scope of freedom of thought, conscience and religion. The Special Rapporteur considered that the actual adoption of legislation could constitute an educational measure. 10. It may also be recalled that the General Assembly, in resolution 1779 (XVII) of 7 December 1962, called upon all States to rescind discriminatory laws which had the effect of perpetuating racial prejudice and national and religious intolerance, to adopt legislation if necessary for prohibiting such discrimination, and to take other appropriate measures to combat such prejudice and intolerance. 11. The United Nations Seminar on the encouragement of understanding, tolerance and respect in matters relating to freedom of religion or belief, held at Geneva from 3 to 14 December 1984, also reached the following conclusion: “Each State, in accordance with its own constitutional system should provide, if necessary, adequate constitutional and legal guarantees for freedom of religion or belief consistent with the provisions of the Universal Declaration of Human Rights, the International Covenants on Human Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief with a view to ensuring that freedom of religion or belief is assured in a concrete manner, that discrimination on grounds of religion or belief is proscribed, and that adequate safeguards and remedies are provided against such discrimination” (ST/HR/SER.A/16, para. 102). 12. In 1986, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mrs. Elisabeth Odio Benito, in her “Comprehensive and thorough study of the current dimensions of the problems of intolerance and of discrimination on grounds of religion or belief” (E/CN.4/Sub.2/1987/26), undertook a detailed analysis of existing constitutional and legal guarantees of freedom of thought, conscience, religion and belief, and also, in the context of action by States, fully endorsed the recommendation of the 1984 Seminar.