A/HRC/31/18
11.
The present report is intended to contribute to the ongoing discussion on resolution
16/18, which takes place within, inter alia, the Istanbul Process for Combating Intolerance,
Discrimination and Incitement to Hatred and/or Violence on the Basis of Religion or
Belief,5 with the purpose of collecting ideas for the effective implementation of the
resolution. The Istanbul Process itself should also consistently draw on the Rabat Plan of
Action, which in turn refers to resolution 16/18 as “a promising platform for effective,
integrated and inclusive action by the international community”.6
A.
Structural similarities
1.
Human beings as rights holders
12.
As their titles indicate, the right to freedom of religion or belief and the right to
freedom of opinion and expression are both rights to freedom, a quality that they also have
in common with the right to freedom of peaceful assembly and association. All these rights
play an indispensable role in shaping free and democratic societies, in which the diversity
of, inter alia, thoughts, ideas, opinions, interests, convictions, conscientious positions,
religions and beliefs can be manifested and defended freely, including by getting together
with others and by establishing adequate institutions and infrastructures with that purpose.
13.
Rights holders are human beings, who may exercise these freedoms as individuals
and in community with others. While this may sound like a truism in the context of human
rights in general, the right to freedom of religion or belief has sometimes been misperceived
as protecting religions or belief systems in themselves. This misperception is the source of
much confusion, as it obfuscates the nature of freedom of religion or belief as an
empowering right. Ignoring that may lead to the wrong assumption of an antagonism
between freedom of religion or belief and freedom of expression. Thus, it may warrant
highlighting that freedom of religion or belief protects believers rather than religions or
beliefs.
14.
Against a possible misperception, it should be noted that the focus on human beings
as rights holders does not imply a particular “anthropocentric” world view. Instead, this
focus follows from the diversity of existing world views. More precisely, it means taking
religious and philosophical pluralism seriously, including irreconcilable differences in
beliefs and practices. For instance, while some religions are based on scriptures transmitted
through prophets, other religions do not have the notions of prophecy, scriptural revelation
or even God. What is sacred for one community may remain rather opaque to another
community. It is not least for this reason that legal recognition in the framework of human
rights cannot immediately be accorded to the particular contents of religions or beliefs —
such as their truth claims, scriptures or practices —, but only to human beings as the
responsible agents who hold, cherish, develop and try to live in accordance with their
convictions. Only by focusing on human beings as rights holders can freedom of religion or
belief do justice to the broad variety of religious and non-religious convictions, identities
and practices, without singling out one specific religion or belief (or one type of religion)
for privileged treatment.
15.
Likewise, freedom of opinion and expression also focuses on human beings, who
have the right to develop, hold and change opinions and ideas on different themes; seek,
receive and impart information and ideas of all kinds; and express their views freely in
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6
The Istanbul Process is a series of intergovernmental meetings launched in 2011 with the aim of
supporting the implementation of Human Rights Council resolution 16/18.
A/HRC/22/17/Add.4, appendix, para. 41.
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