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violations of the right of members of religious minorities to worship and carry out
other religious activities without State registration or approval, and attacks on places
of worship. Furthermore, the Special Rapporteur criticized counter-terrorism
measures based on discriminatory profiling, which are implemented according to
perceived religious affiliation.
55. During the Durban Review Conference, the Special Rapporteur also
participated in a side event on freedom of expression and incitement to racial or
religious hatred, organized by OHCHR on 22 April 2009. At that event, she made a
joint statement 27 with the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression and the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related
intolerance. The three Special Rapporteurs reaffirmed that the right to freedom of
expression constituted an essential aspect of the right to freedom of religion or
belief and therefore needed to be adequately protected in domestic legislation. The
Special Rapporteurs believe that it is necessary to anchor the debate about
limitations to freedom of expression in the relevant existing international legal
framework, provided for by articles 19 and 20 of the International Covenant on
Civil and Political Rights. From a legal perspective, each set of facts is particular
and can only be assessed and adjudicated, whether by a judge or another impartial
body, according to its own circumstances and taking into account the specific
context. In conclusion, the three Special Rapporteurs reminded that the ultimate
goal was to find the most effective ways to protect individuals against advocacy of
hatred and violence by others. Legal responses, such as restrictions on freedom of
expression alone, are far from being sufficient to bring about real changes in
mindsets, perceptions and discourse. To tackle the root causes of intolerance, a
much broader set of policy measures are necessary, for example in the areas of
intercultural dialogue or education for tolerance and diversity. Furthermore, an open
and democratic atmosphere is critical for building tolerant societies in matters of
religious affairs.
56. The Special Rapporteur also took part in an expert seminar organized by
OHCHR on freedom of expression and advocacy of religious hatred that constitutes
incitement to discrimination, hostility or violence, held in Geneva on 2 and
3 October 2008. 28 She stressed that there was an obligation for States to act upon
cases of advocacy of religious hatred that constitutes incitement to discrimination,
hostility or violence. She emphasized the important role of the judiciary in
providing legal redress and that each particular case should be adjudicated
according to its specific circumstances. The Special Rapporteur cautioned against
excessive or vague legislation on religious issues, which could create tensions and
problems rather than solve them. In this regard, States have a delicate role to play
and any legislation or policies designed to combat religious discrimination have to
be all-inclusive, carefully crafted and implemented in a balanced manner to achieve
their objectives. In conclusion, the Special Rapporteur affirmed that more
consultation was needed, especially concerning the implementation of existing
standards at the domestic level, and recommended that regional workshops be
organized to explore this topic at the grass-roots levels.
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The full text of the joint statement by the three Special Rapporteurs is available online at
www2.ohchr.org/english/issues/religion/docs/SRJointstatement22April09.pdf.
See A/HRC/10/31/Add.3.
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