E/CN.4/2006/5
page 19
− Is the chosen measure the least restrictive of the right or freedom concerned?
− Was the measure proportionate, i.e. balancing of the competing interests?
− Would the chosen measure be likely to promote religious tolerance?
− Does the outcome of the measure avoid stigmatizing any particular religious
community?
59.
When dealing with the prohibition of religious symbols, two general questions should
always be borne in mind: What is the significance of wearing a religious symbol and its
relationship with competing public interests, and especially with the principles of secularism and
equality? Who is to decide ultimately on these issues, e.g. should it be up to the individuals
themselves, religious authorities, the national administration and courts, or international human
rights mechanisms? While acknowledging that the doctrine of “margin of appreciation” may
accommodate ethnic, cultural or religious peculiarities, this approach should not lead to
questioning the international consensus that “[a]ll human rights are universal, indivisible and
interdependent and interrelated”, as proclaimed in the Vienna Declaration and Programme of
Action adopted by the World Conference on Human Rights in 1993.
60.
The fundamental objective should be to safeguard both the positive freedom of religion
or belief as manifested in observance and practice by voluntarily wearing or displaying religious
symbols, and also the negative freedom from being forced to wear or display religious symbols.
At the same time, the competing human rights need to be balanced and public interest limitations
should be applied restrictively. The Special Rapporteur fully agrees with European Court
Judge Tulkens’ closing remarks: “Above all, the message that needs to be repeated over and
over again is that the best means of preventing and combating fanaticism and extremism is to
uphold human rights.”21
IV. CONCLUSIONS AND RECOMMENDATIONS
61.
The twenty-fifth anniversary of the adoption of the 1981 Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
will take place in 2006. Nevertheless, the Special Rapporteur notes with concern that
freedom of religion or belief is not a reality for many individuals throughout the world.
She hopes that this anniversary will be an occasion to reiterate the importance of
promoting freedom of religion or belief and to draw attention to the evolution of the issues
relating to the mandate. She encourages Governments and non-governmental
organizations to support the initiatives that will be taken to organize events that will take
stock of achievements since 1981, identify the provisions of the Declaration that today raise
particular concern and challenge rising trends of religious intolerance.
62.
While she notes that religious leaders regularly organize high-level meetings at the
international level to promote inter-religious dialogue, she is concerned that Governments,
which are primarily responsible for protecting people against violations of the right to