A/HRC/34/50
62.
As discussed above, the Special Rapporteur would like to prioritize the
implementation of the right to freedom of religion or belief as the primary objective of
his mandate. This approach is critical to addressing the very serious challenges facing
this right globally, and dovetails the emerging implementation agenda of the Human
Rights Council with regard to the compliance gap in realizing human rights
protections more generally.
63.
The wide range of misconceptions that are frequently used to justify violations
of the right to freedom of religion or belief implies that more work needs to be done in
clarifying further the normative content of the right and promoting literacy regarding
what the right actually encompasses. While it is not always clear why States choose to
comply with their human rights commitments without effective enforcement
mechanisms in international law, studies suggest that norm clarification and
simplification can contribute to what has been called the “practicalization” of human
rights. The operational approach to human rights can help to contextualize a norm
and make it more amenable to policy formulation and implementation that is more
local and participatory in nature. Contextualization will, however, require the
identification of practical guidelines that can ensure fidelity to the normative content
and framework of the right to freedom of religion or belief. On issues where
guidelines already exist, such as the Rabat Plan of Action or the Final Document of
the International Consultative Conference on School Education in Relation to
Freedom of Religion, Tolerance and Non-Discrimination (see E/CN.4/2002/73, annex,
appendix), their application can be further encouraged by emerging national
arrangements for engagement with international human rights mechanisms. 9
64.
The Special Rapporteur notes that the cooperation of States will be vital to
advance a successful agenda to protect and promote the right to freedom of religion or
belief. Cooperation can take many forms. Opportunities to consult with States
individually and regionally would be useful in identifying both challenges and best
practices in an effort to encourage a “race to the top”. Consultations could also
identify areas where capacity-building can play a transformative role. The
cooperation of States will also be critical in helping to carry out the protective
function of the mandate by ensuring that effective and responsive channels of
communication exist whereby the Special Rapporteur may express his concern
regarding alleged violations of the right to freedom of religion or belief, and country
visits can be conducted in a spirit of constructive engagement and cooperation aimed
at facilitating the realization of the right at the national level.
65.
The special procedures of the Human Rights Council are most effective when
they operate as a cohesive system. For the implementation approach/agenda to
succeed, it is imperative that the mandate fully engage with other special procedures
and parts of the United Nations human rights system, including processes related to
the universal periodic review and reviews of States conducted by relevant treaty
bodies, such as the Human Rights Committee.
66.
The Special Rapporteur also believes that a systematic study and assessment of
the impact of the mandate and other mechanisms that promote the right to freedom of
religion or belief would make a useful contribution to understanding what approaches
work best to achieve concrete results on the ground. To this end, and to the extent that
9
See Office of the United Nations High Commissioner for Human Rights, National Mechanisms for
Reporting and Follow-up: A Practical Guide to Effective State Engagement with International
Human Rights Mechanisms, Geneva, 2016.
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