E/CN.4/2006/5
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receives, she has developed a framework for communications. This framework sets out the
different types of cases or situations that are submitted to her and are within the scope of her
mandate, along with the corresponding international standards relevant to each issue. The
framework can be found in the annex to this report.
29.
The Special Rapporteur has indicated on a number of occasions that one of the main
focuses of her activities is the protection aspect of the right of individuals to freedom of religion
or belief. Accordingly, the use of communications to engage with Governments on allegations
of violations of individual rights is vitally important. The framework enables the Special
Rapporteur to determine which elements, if any, of the mandate on freedom of religion or belief
are raised by each allegation and to send more specific, tailored communications. In particular,
it allows her to draw the attention of the Government concerned to the particular international
standards on the specific issue or issues and to ask pertinent questions about compliance.
30.
The Special Rapporteur underlines that not all the communications she receives fall
neatly into one of the different categories set out in the framework. It is necessary to take the
particular facts and context of each allegation into account. Furthermore, in many cases, the
allegation will disclose a number of different elements of the right to freedom of religion or
belief. She emphasizes that the framework is not intended to provide an exhaustive list of issues
that fall within her mandate. The mandate is constantly evolving, a fact which is evidenced by
the content of successive resolutions of the Commission on Human Rights. The framework is
thus very much a work in progress to be developed as the Special Rapporteur continues to
implement her mandate.
31.
The framework is included in this report to give readers a clearer understanding of the
issues that are covered by the mandate on freedom of religion or belief, and as a guide to the
types of issues that are the subject of communications sent and received under the mandate. In
this regard, the framework could be a useful tool for NGOs and other actors in their interactions
with the Special Rapporteur.
B. International standards covered by the framework
32.
The framework has been developed on the basis of an analysis of international standards
on freedom of religion or belief. In her previous report to the Commission (E/CN.4/2005/61 and
Corr.1), the Special Rapporteur set out the international legal instruments that are relevant to the
implementation of her mandate. The primary instruments upon which the Special Rapporteur
bases her activities are article 18 of the Universal Declaration of Human Rights, article 18 of the
International Covenant on Civil and Political Rights and the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief.
33.
Her interventions are also based on the relevant articles of the International Covenant on
Economic, Social and Cultural Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on
the Elimination of All Forms of Discrimination against Women, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention