A/HRC/37/49 full participation in political, social and economic life, perpetuate an environment that enables harmful practices against women 22 and prevents society from achieving gender equality. This includes the denial of access to reproductive health services and refusals to provide adequate legal and policy safeguards against domestic violence manifested in the form of marital rape and so-called “honour crimes”.23 42. The Special Rapporteur would like to reiterate that freedom of religion or belief can never be used to justify violations of the rights of women and girls, and that it can no longer be taboo to demand that women’s rights take priority over intolerant beliefs used to justify gender discrimination. 24 It would be contrary to both women’s human rights as well as freedom of religion or belief provisions to allow one set of rights (i.e. women’s rights) to be undermined on the basis of claims made in defence of the right to freedom of religion or belief. 43. The Special Rapporteur also notes the overlapping and sometimes tense relationship between the exercise of freedom of religion or belief and freedoms of expression, peaceful assembly and association (articles 19, 21 and 22 of the Covenant, respectively). Criticism of religion, religious leaders or doctrine, which is often an exercise of freedom of expression, is not a violation of freedom of religion or belief. In his previous reports, the Special Rapporteur highlighted the special relationship between articles 18 and 19 of the Covenant, noting that anti-blasphemy laws and anti-apostasy laws should be repealed.25 4. Limitations on the right to manifest freedom of religion or belief 44. While international human rights law allows certain restrictions related to the manifestation of one’s religion or beliefs with respect to worship, observance, practice and teaching (often referred to forum externum), any and all limitations must be the exception and not the rule. These limitations must be narrowly construed and must not be discriminatory towards persons belonging to a religion or belief. Moreover, the burden of justification for such restrictions falls on those who wish to impose them. 45. According to article 18 (3) of the Covenant, which must be strictly interpreted, all limitations on freedom of religion or belief must be prescribed by law and they must be necessary and directly related to pursue a legitimate aim: the protection of “public safety, order, health, or morals or the fundamental rights and freedoms of others”. These restrictions must also be proportionate to the realization of the legitimate aim and, therefore, the least restrictive among all the adequate measures available. A review of information published by human rights mechanisms, including treaty bodies such as the Human Rights Committee, shows that many States rely on restrictions as the rule and not the exception and often fail to provide any justifications for limiting freedom of religion or belief pursuant to the criteria laid out in article 18 (3). The Special Rapporteur notes with concern the prevalence of countries that have adopted a complex set of regulations that unlawfully restrict various manifestations of freedom of religion or belief on the basis of vague and broad concepts such as “national identity”, “national unity” or “culture”. In addition, “national security” may not be invoked as a ground for limiting the freedom to manifest one’s religion or belief under international human rights law. 46. Some of the most commonly applied regulations directly interfere with the autonomy and internal management of faith communities, including the right to proselytize and spread a faith; the freedom to establish and maintain charitable or humanitarian institutions; and the right to train, appoint and elect community leaders and members of the 22 23 24 25 See joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices. See for example Human Rights Committee general comment No. 28 (2000) on the equality of rights between men and women, para. 21. See A/65/207, para. 69; A/66/156, para. 16; A/68/290, para. 30; A/HRC/16/53, para. 16; A/HRC/19/60/Add.1, para. 44; and A/HRC/34/50, para. 50. See A/72/365; A/HRC/34/50; A/HRC/31/18; and A/HRC/22/17/Add.4. See also www.ohchr.org/Documents/Press/Faith4Rights.pdf. 11