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discrimination on grounds of race, sex, language or religion and to protect minorities.
Thirty-five years later, the General Assembly, in its resolution 35/55, adopted the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief (1981 Declaration) and established a corresponding
special procedure to monitor and report on its implementation.
7.
The concept of intolerance against persons based on their religion or belief has
not been specifically defined in international human rights law, but it has been
repeatedly identified as a causal or correlative factor constituting a n obstacle to the
full enjoyment of the right to freedom of religion or belief. Article 2 (2) of the 1981
Declaration, for example, seems to conflate the concept of intolerance with
discrimination, stating that “intolerance and discrimination based on reli gion or
belief’ means any distinction, exclusion, restriction or preference based on religion
or belief and having as its purpose or as its effect nullification or impairment of the
recognition, enjoyment or exercise of human rights and fundamental freedom s on an
equal basis”. However, elsewhere in the 1981 Declaration, the General Assembly
clearly distinguishes between “intolerance” and ”discrimination”, for example by
expressing concern at manifestations of intolerance and at the existence of
discrimination in matters of religion or belief. 2 In this way, the 1981 Declaration
establishes a critical link between various manifestations of religious intolerance
and their negative impact on respect for the right to freedom of religion or belief,
which is contingent on respect for the principles of equality and non-discrimination
to allow for the full enjoyment of this and other fundamental rights and freedoms.
8.
It has since been further articulated that “intolerance based on religion or
belief has two separate aspects: first, an unfavourable attitude of mind towards
persons or groups of a different religion or belief, and secondly, manifestations
of such an attitude in practice”. These manifestations often take the form of
discrimination. In other cases, they can involve the stirring up of hatred against, or
even the persecution of, individuals or groups of a different religion or belief (see
E/CN.4/Sub.2/1987/26, para. 15).
9.
In recent years, the international community has increasingly focused on
manifestations of intolerance involving religion or belief, including discrimination,
hostility or violence, resulting in a number of key developments. This includes the
adoption by the Human Rights Council in 2011 of resolution 16/18 on combating
intolerance, negative stereotyping, stigmatization, discrimination, incitement to
violence and violence against persons based on religion or belief and the formulation
in 2012 of the Rabat Plan of Action on the prohibition of advocacy of national, racial
or religious hatred that constitutes incitement to discrimination, hostility or violence
(see A/HRC/22/17/Add.4, appendix). Yet despite these and other United Nations
efforts to strengthen international protection for freedom of religion or belief, acts of
intolerance have been on the rise in many parts of the world, revealing an alarming
gap between international norms and domestic practice.
10. Available data suggest that the median level of government restrictions on
religion or belief increased from 2014 to 2015 in four of the five United Nations
regional groups (the African, Asia-Pacific, Eastern European, and Western European
and others groups). 3 Countries in the Middle East and North Africa reportedly
__________________
2
3
17-14822
See resolution 36/55, eighth preambular paragraph, and Heiner Bielefeldt, Nazila Ghanea and
Michael Wiener, Freedom of Religion or Belief: An International Law Commentary (Oxford,
Oxford University Press, 2016), p. 330.
Pew Research Center, “Global restrictions on religion rise modestly i n 2015, reversing
downward trend” (Washington, D.C., 11 April 2017). The Special Rapporteur relies on Pew data
only insofar as it provides useful and relevant information on issues related to religious
intolerance worldwide. These references are not, in an y way, a reflection of his endorsement of
the methodology used by Pew to identify national or territorial boundaries, or his position on
what the international political status of those entities should be.
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