A/HRC/31/18/Add.1
C.
Legal provisions against religious extremism and sedition
12.
The Penal Code contains a number of provisions prohibiting calls to strife and
sedition on religious grounds (arts. 295, 308, 310, 313, 317 and 318), and provides
for penalties. Blasphemy (art. 473), contempt of religious rites (art. 474), disruption
of religious ceremonies and demolition of places of worship ( art. 475) and
contraventions by men of religion in conversions from one religion or denomination
to another one (art. 476) also expose violators to prison sentences or fines. Few cases
have been filed for blasphemy in recent years, although some cases have been
dismissed. The press law has similar provisions (art. 25).
13.
Most of these provisions are not in line with human rights norms and
standards relating to freedom of expression, nor with the prohibition of advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence, to which Lebanon is bound as a State party to the International
Covenant on Civil and Political Rights. A new general comment by the Human
Rights Committee on article 19 of the Covenant (CCPR/C/GC/34) and the Rabat
Plan of Action on the prohibition of advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence , adopted by
experts in Rabat on 5 October 2012, may provide useful guidance for legislators and
authorities.
D.
Judiciary
14.
The judiciary is a civil law system and divided into four main court systems –
judicial, administrative, military and religious each of which has a hierarchical
structure. However, the 18 religious communities officia lly recognized in Lebanon
continue to be able to apply their own laws and maintain their own judicial systems
to deal with matters relating to personal status, marriage, divorce and other family
issues.
15.
The judicial court system is composed of civil and criminal courts of general
jurisdiction at first instances, courts of appeal and the Court of Cassation (highest
court). The administrative court system is composed of administrative tribunals and
the State Consultative Council (Majlis Shura al-Dawla), which can also function as
an appellate or cassation court. The jurisdiction of administrative courts is limited to
matters involving or arising from administrative decisions made by the State or any
of its agencies and institutions. There are also specialized tribunals, such as the
Judicial Council, which deals with cases of sensitive criminal offences of a political
nature, and the Constitutional Council, which examines the constitutionality of
legislation but is not empowered to receive or adjudicate on individual petitions.
16.
The religious court system pertains to the main religions of Christianity and
Islam. The jurisdiction of the courts is limited to personal status and family law
matters as authorized by law. Not all of the 18 recognized denominations have
courts; some resort to out-of-court settlements facilitated by religious figures. The
jurisdiction of Maronite courts extends beyond the borders of Lebanon and some
cases for Catholics may reach the Tribunal of the Roman Rota of the Vatican.
E.
Incorporation and status of international law in domestic law
17.
Lebanon is recognized as having a comprehensive legal framework. It has
ratified or acceded to the main international human rights treaties, including the
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