A/65/295
15. Expressing deep concerns at reports of discriminatory profiling targeting
specific groups of the population based on their perceived ethnic or religious
background, the Special Rapporteur calls upon States not to resort to profiling
founded on grounds of discrimination prohibited by international law, including on
racial, ethnic or religious grounds.
16. With regard to bans or restrictions on religious symbols, such as minarets, the
Islamic veil and the full head-to-toe niqab, the Special Rapporteur acknowledges
that it is a delicate question, since it raises several issues in terms of human rights.
In respect of the legality of the restrictions, the Special Rapporteur takes the view
that it is up to an independent and impartial judiciary to assess on a case-by-case
basis whether they run counter to, inter alia, the freedom to manifest one’s religion
or belief, the freedom of expression and the principle of non-discrimination. In
particular, when debating the wearing of the niqab, he also deems it necessary to
take into account security concerns and the principle of equality between men and
women, as well as the individual’s freedom to wear or not to wear religious
symbols. Nonetheless, the Special Rapporteur expresses concerns vis-à-vis the
recent controversial debates around the construction of minarets and the wearing of
religious symbols, which demonstrate the fears among the population towards a
single religion. In that regard, he deeply deplores the numerous political campaigns
which have relied on those fears for political gain, and he strongly encourages
moderate voices to be more prominent and vocal, in order to counter those political
campaigns with rational arguments, including those based on human rights.
17. The Special Rapporteur regrets reports of stereotyping, which does not
contribute to the creation of an environment conducive to constructive and peaceful
dialogue among communities. Nonetheless, he recalls that peaceful expressions of
opinions and ideas should always be tolerated, as long as they do not fall under the
restrictions in articles 19 and 20 of the International Covenant on Civil and Political
Rights.
18. In his report, the Special Rapporteur distinguishes between the stereotyping of
religions on the one hand and of religious followers or sacred persons on the other,
since those instances should be treated differently from a human rights perspective.
With regard to stereotyping of religious followers and of sacred persons, he recalls
that the right to freedom of expression may be restricted in order to protect,
inter alia, the rights or reputations of others. However, the Special Rapporteur
believes that a very high threshold should be met and that defamatory expressions
targeting individuals must have been proven false before they warrant restrictions
and sanctions thereon. Moreover, he recommends that sanctions be of a civil nature
only, so as not to have a chilling effect on the right to freedom of expression.
Concerning stereotyping of religions, the Special Rapporteur recalls that vigorously
interrogating and criticizing religious doctrines and their teachings is thoroughly
legitimate and constitutes a significant part of the exercise of the right to freedom of
opinion or expression. Domestic blasphemy laws aiming to protect religions per se
can therefore prove counterproductive since they could result in de facto censure of
robust examination of religious doctrines and teachings and of inter- and intrareligious criticism. Consequently, the Special Rapporteur encourages States to move
away from the notion of defamation of religions and towards the legal concept of
advocacy of racial or religious hatred that constitutes incitement to discrimination,
hostility or violence, in order to anchor the debate in the relevant existing
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