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VI. Conclusions and recommendations
72. Manifestations of religious intolerance, not least those that lead to
discrimination and violence, prevent the full realization of the right to freedom
of religion or belief. Intolerance based on religion or belief has two separate
aspects: (a) an unfavourable attitude of mind towards persons or groups of a
different religion or belief; and (b) manifestations of such an attitude in practice.
States cannot possibly legislate attitudes and must refrain from attempts to
regulate controversial thoughts. Laws and judicial enforcement cannot eradicate
religious intolerance and are not sufficient as a stand-alone approach. In fact,
tackling manifestations of intolerance, such as discriminatory or violent acts that
undermine the fundamental human rights of persons because of the religion or
belief to which they may adhere may require both legal solutions and thoughtful,
responsive non-legal measures promoted by the State.
73. Authorities must redouble their efforts to restore trust in public State
institutions, especially when it comes to upholding freedom of religion or belief.
The building of trust requires well-functioning institutions, including an
independent judiciary and effective national human rights institutions and
human rights monitoring bodies.
74. Furthermore, the gap between commitments to combat intolerant acts and
practices and their implementation needs to be addressed through transparent,
credible and accountable policies executed at the national and local levels.
States must repeal all laws that discriminate on the basis of religion or belief or
that undermine the exercise of the right to freedom of religion or belief.
Particular attention must be paid to upholding the obligation to protect the
rights of members of religious minorities, as well as those of women, children,
members of the lesbian, gay, bisexual, transgender and intersex community and
others in vulnerable situations, such as migrants, refugees and internally
displaced persons.
75. Adequate criminal sanctions penalizing violent and particularly egregious
discriminatory acts perpetrated by State or non-State actors against persons
based on their religion or belief should be adopted where they do not exist and
must be equitably enforced. States should also develop and implement effective
preventive strategies to help curb aggravating factors linked to religious
intolerance, which can lead to discrimination or violence.
76. However, criminal sanctions to curb incitement to violence, hostility or
discrimination must be used as a method of last resort, and only when such
sanctions are necessary and proportional to the harm to be avoided. Such laws,
in fact, could reinforce religious intolerance, especially where the absence of a
robust commitment to pluralism and diversity results in discriminatory State
practices that abuse such laws. Furthermore, criticism of religion, religious
leaders or doctrine is not a violation of the right to freedom of religion or belief.
Advocates of anti-blasphemy laws should note that their application more often
than not invites a cycle of hatred and hostility, reinforcing prejudice and
triggering a spiral of angry and violent responses. Anti-blasphemy laws have a
stifling impact on the enjoyment of the freedom of religion or belief and the
freedom of opinion and expression and should be repealed.
77. The enjoyment of the full exercise of the freedom of religion or belief also
requires a set of positive policy measures in the areas of education, religious
literacy, media, civil society development and State cooperation with religious
leaders and communities. A policy of inclusion of all religious and belief groups
could go a long way to strengthen pluralism through equal participation in
public life of persons holding various beliefs. Minority communities should also
embrace, where possible, strategies that build constructive resilience against
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