A/65/295
92. While acknowledging that it is necessary for States to take measures to
combat terrorism and that profiling is, in principle, a permissible means of law
enforcement activity, the Special Rapporteur nonetheless calls upon States not
to resort to profiling founded on grounds of discrimination prohibited by
international law, including on racial, ethnic or religious grounds.
93. The question of bans or restriction on religious symbols is a delicate one.
As such, the Special Rapporteur takes the view that it is up to an independent
and impartial judiciary to assess, on a case-by-case basis, the legality of those
bans or restrictions and their impact on the human rights of all stakeholders.
94. With regard to the negative stereotyping of religious followers or sacred
persons, the Special Rapporteur 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. With
regard to negative 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. In that regard, he recommends that
States refrain from adopting domestic blasphemy laws aiming to protect
religions per se, which can prove counterproductive. He also recommends that
States move away from the notion of defamation of religions towards the legal
concept of advocacy of racial or religious hatred, in order to anchor the debate
in the relevant existing international legal framework.
Human rights challenges faced by migrants, refugees
and asylum-seekers
95. The Special Rapporteur expresses concern in respect of the deeply marked
tendencies within numerous societies to characterize migration as a problem
and threat to social cohesion. In that regard, he notes the numerous human
rights challenges, including racism and xenophobia, faced by migrants,
refugees and asylum-seekers in the enjoyment of their civil, cultural, economic,
political and social rights.
96. The Special Rapporteur strongly reaffirms that migrants, refugees and
asylum-seekers, like any other human beings and regardless of their migration
status, are entitled to have all their human rights protected by the State where
they live without discrimination.
97. While recognizing the sovereign right of each State to formulate and apply
its own legal framework and policies in the area of migration, the Special
Rapporteur urges States to ensure that those policies are at all times consistent
with applicable international human rights instruments, norms and standards,
and that they are free from racism and xenophobia.
98. The Special Rapporteur recommends that States provide relevant training
and information to migrants, refugees and asylum-seekers, so that they may be
made aware of their rights and of the existing mechanisms which will guarantee
their protection.
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