E/CN.4/2006/5
page 21
others. She recognizes that in many of these cases, the statements or other forms of
expression may have been made as a result of the exercise of the right to freedom of
expression. However, she is concerned that in some cases, such forms of expression may
disclose a lack of tolerance for the religion of others, which can constitute a threat to the
religious harmony of a society as they are often based on stereotypes and may provoke
further polarization. She intends to further develop this aspect of her mandate in her
forthcoming activities.
68.
Finally, noting the undisputed advantages that special procedures bring to the
United Nations human rights mechanism owing to their particularities, as well as the
new challenges and ever-increasing demands that they face, the Special Rapporteur
strongly encourages that additional resources be allocated to the Special Procedures
Branch of the Office of the High Commissioner for Human Rights. In this regard, she
notes that the evolving scope of cases and situations falling within her area of responsibility
calls for strengthening the resources available to the mandate, including in terms of
staffing.
Notes
1
Cf. US Supreme Court, judgements of 27 June 2005 on posting the Ten Commandments in
courthouses and on monuments (McCreary County v. American Civil Liberties Union of KY and
Van Orden v. Perry); Italian Corte costituzionale, judgement of 13 December 2004 on crucifixes
in schools (Ordinanza N.389 Anno 2004); Swiss Tribunal fédéral suisse/Schweizerisches
Bundesgericht/Tribunale federale svizzero, judgement of 18 January 1995 on crucifixes in
courtrooms (see official collection of jurisprudence, ATF 121 I 42) and judgement of
26 September 1990 on crucifixes in classrooms (ATF 116 Ia 252); German
Bundesverfassungsgericht, judgement of 16 May 1995 on crucifixes in classrooms (see official
collection of jurisprudence, BVerfGE 93, 1) and judgement of 17 July 1973 on crucifixes in
courtrooms (BVerfGE 35, 366).
2
Cf. the comparative table on prohibitions of wearing religious symbols, available at
http://www.uni-trier.de/~ievr/kopftuch/ReligiousSymbols.pdf.
3
Parliamentary Assembly of the Council of Europe, resolution 1464 (2005), para. 7.4, adopted
on 4 October 2005.
4
See the wording - with a slightly differing order of the list of possible manifestations of
religion or belief - in article 18 Universal Declaration of Human Rights (UDHR), in article 18 (1)
International Covenant on Civil and Political Rights (ICCPR), in article 12 (1) International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families (MWC), in article 1 (1) of the 1981 Declaration on the Elimination of All Forms of
Intolerance and of Discrimination Based on Religion or Belief (1981 Declaration) and in
article 9 (1) European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR).