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conscience is absolute and cannot suffer any limitation. A mechanism designed to
monitor conversions and thus the reasons and purposes behind them could in this
way constitute a limitation on freedom of conscience.
60. The wording of such legislation is also often too vague. In many cases,
legislation allows a wide margin of interpretation, which is the source of possible
abuse and could potentially transform such laws into tools of persecution by those
who do profess religious intolerance. The Special Rapporteur is concerned that the
adoption of such legislation would provide legitimacy to those who want to promote
religious intolerance and hatred vis-à-vis certain religious groups.
61. Legislation may not always be the appropriate response, in particular in
circumstances involving matters of faith. While legislation can be easily resorted to,
it can sometimes be counterproductive to do so. Cooperation with interreligious
bodies and education programmes on religious tolerance and public awareness
campaigns for the promotion of tolerance can have the advantage of promoting an
interreligious dialogue, which is the best way to resolve tensions between religious
communities.
D.
Religious symbols
62. The question of religious symbols is still widely discussed in many countries.
In the last few years, discussions have mainly focused on the Islamic headscarf and
whether women should be allowed to wear them in public places and, in particular,
if the girl child should be permitted to wear the headscarf in public schools. In this
regard, the Special Rapporteur carried out a visit to France in September 2005
(see E/CN.4/2006/5/Add.4). In her conclusions, the Special Rappporteur noted that
the French legislation, which is applicable to symbols of all religions, mainly
affected certain religious minorities and, notably, people of a Muslim background.
She considered that the law was appropriate insofar as it is intended, in accordance
with the principle of the best interests of the child, to protect the autonomy of
minors who may be pressured or forced to wear a headscarf or other religious
symbols. However, the law denies the right of those minors who have freely chosen
to wear a religious symbol to school as part of their religious belief to do so.
63. The Special Rapporteur also wishes to emphasize that legislation which
imposes dress codes on women or men on religious grounds is also in clear violation
of the right to freedom of religion or belief and the principle of the 1981
Declaration.
E.
Counter-terrorism and freedom of religion or belief
64. The Special Rapporteur has underlined on numerous occasions that measures
adopted by Governments in countering terrorism have significantly affected the
right to freedom of religion or belief of numerous religious groups around the world.
On many occasions, members of groups that have been perceived as having extreme
religious views have been harassed, arrested and, on some occasions, deported. The
Special Rapporteur has received many reports that preaching in mosques was
controlled by State authorities and the nomination of imams strictly regulated.
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