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36.
As such, the right to freedom of religion or belief, as enshrined in relevant international
legal standards, does not include the right to have a religion or belief that is free from criticism or
ridicule. Moreover, the internal obligations that may exist within a religious community
according to the faith of their members (for example, prohibitions on representing religious
figures) do not of themselves constitute binding obligations of general application and are
therefore not applicable to persons who are not members of the particular religious group or
community, unless their content corresponds to rights that are protected by human rights law.
37.
The right to freedom of expression can legitimately be restricted for advocacy that incites
to acts of violence or discrimination against individuals on the basis of their religion.
Defamation of religions may offend people and hurt their religious feelings but it does not
necessarily or at least directly result in a violation of their rights, including their right to freedom
of religion. Freedom of religion primarily confers a right to act in accordance with one’s religion
but does not bestow a right for believers to have their religion itself protected from all adverse
comment.
38.
The right to freedom of religion or belief protects primarily the individual and, to some
extent, the collective rights of the community concerned but it does not protect religions or
beliefs per se. While the exercise of freedom of expression could in concrete cases potentially
affect the right to freedom of religion of certain identified individuals, it is conceptually
inaccurate to present this phenomenon in abstracto as a conflict between the right to freedom of
religion or belief and the right to freedom of opinion or expression.
39.
Therefore, the question as to whether criticism, derogatory statements, insults or ridicule
of one religion may actually negatively affect an individual’s right to freedom of religion or
belief can only be determined objectively and, in particular, by examining whether the different
aspects of the manifestation of one’s right to freedom of religion are accordingly negatively
affected.
2. Religion and freedom of opinion and expression
40.
Human rights are exercised in a context where rights coexist with each other. In this
regard, most international human rights conventions provide that, in the exercise of their human
rights, individuals have to respect the rights of others.
41.
However, the coexistence of rights does not only imply that rights should be seen in a
restrictive manner because of the existence of other rights; it also implies the fundamental notion
of interdependency of human rights. The right to freedom of religion or belief needs other
human rights to be fully exercised, including the right to freedom of association or the right to
freedom of expression. The right to freedom of expression as it is protected by international
standards, including article 19 of the Covenant, constitutes an essential aspect of the right to
freedom of religion or belief.
42.
In a number of States, in all regions of the world and with different religious
backgrounds, some forms of defamation of religion constitute a criminal offence. While the
different responses to such defamations depend on various factors, including historical and
political factors, criminalizing defamation of religion can be counterproductive. The rigorous