A/HRC/52/38
I. Introduction
1.
The landscape of freedom of thought, conscience, religion or belief has changed
significantly since the inception of the mandate 36 years ago. The appointment of a new
mandate holder offers a timely opportunity to trace the contours of that landscape and draw
out the implications for the mandate.
2.
In its resolution 49/5, the Human Rights Council extended the mandate of Special
Rapporteur on freedom of religion or belief, for a three-year period, and concluded that there
was a need for the continued contribution of the Special Rapporteur to the promotion,
protection and universal implementation of the right to freedom of religion or belief. The
Council highlighted the importance of constitutional and legislative systems, national
legislation, the recommendations emanating from the universal periodic review process,
practices and legislation relating to women, economic and social rights and public services,
registration practices, access to official documents, worship and assembly and the activities
of all public officials and civil servants.
3.
In the same resolution, the Human Rights Council expressed deep concern at
emerging obstacles to the enjoyment of the right to freedom of religion or belief, and urged
States to take appropriate action and to promote mutual understanding, through education,
and stressed the importance of dialogue in all its forms. It expressed its deep concern at
emerging obstacles to the enjoyment of the right to freedom of religion or belief, including
acts of violence, the rise of religious extremism, incidents of religious hatred, discrimination,
intolerance and violence, manifested through derogatory stereotyping, negative profiling and
the stigmatization of individuals on the basis of their religion or belief, violations of that
freedom in law and practice, the constitutional and legislative systems that fail to provide for
that freedom, without distinction, and attacks on religious places and sites and the vandalism
of cemeteries.
4.
The Special Rapporteur discerns three key dimensions of her work from the resolution
setting out the mandate.
5.
The first dimension concerns the advancement of freedom of religion or belief to
everyone, as upheld in international instruments,1 notably in articles 18 of both the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights.
It has been interpreted by the Human Rights Committee in its general comment No. 22 (1993)
on the right to freedom of thought, conscience and religion 2 and operationalized through the
mandate since its creation in 1986.
6.
The second concerns the prohibition of discrimination on the basis of religion or
belief.3 Non-discrimination on the basis of religion or belief, and the promotion of equality
for all irrespective of religion or belief, is upheld in all international human rights law
instruments. 4 Religion or belief as prohibited grounds of discrimination is specifically
mentioned in most international human rights instruments, including the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention on the Rights of the Child.
7.
The third concerns the targeting of individuals based on, or in the name of, religion or
belief.5 This abuse of religion or belief as a tool of discrimination, hostility and violence
1
2
3
4
5
2
General Assembly resolution 47/135, annex, arts. 3, 5, 7, 9 and 13.
Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought,
conscience and religion, para. 4.
See Human Rights Council resolution 49/5, paras. 3, 4 and 6.
See https://www.ohchr.org/en/press-releases/2022/12/comprehensive-anti-discrimination-legislationmust-be-priority-say-un; and https://www.ohchr.org/en/minorities/minority-rights-equality-and-antidiscrimination-law. See also Human Rights Committee, general comment No 22 (1993), para. 9. The
limitations of the present report mean that protections in international humanitarian law cannot be
included.
Human Rights Council resolution 49/5, para. 4.
GE.23-00741