A/HRC/31/18
the ongoing efforts to eliminate the various root causes of religious intolerance and of
related problems.
31.
In the preamble of resolution 16/18, the Human Rights Council underlines the
significance of freedom of religion or belief and freedom of opinion and expression. It
reaffirms “that the International Covenant on Civil and Political Rights provides, inter alia,
that everyone shall have the right to freedom of thought, conscience and religion or belief,
which shall include freedom to have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with others and in public or private, to
manifest his religion or belief in worship, observance, practice and teaching”. It also
reaffirms “the positive role that the exercise of the right to freedom of opinion and
expression and the full respect for the freedom to seek, receive and impart information can
play in strengthening democracy and combating religious intolerance”.
32.
The explicit reference to the rights to freedom of religion or belief and to freedom of
opinion and expression is no coincidence, as the Council, in resolution 16/18, attaches great
importance to communicative interaction, which has a key function in building trust
between different religious or belief communities as well as in society at large. This
includes a broad range of measures in the areas of education, awareness-building, outreach
strategy, interreligious communication and public discourse. In that context, the Council
specifically recognizes “that the open public debate of ideas, as well as interfaith and
intercultural dialogue, at the local, national and international levels can be among the best
protection against religious intolerance” (para. 4).
33.
At the same time, the Council also calls for a clear rejection of certain speech acts
and condemns “any advocacy of religious hatred that constitutes incitement to
discrimination, hostility or violence, whether it involves the use of print, audio-visual or
electronic media or any other means” (para. 3). Furthermore, it calls for “measures to
criminalize incitement to imminent violence based on religion or belief” (para. 5 (f)). Other
measures recommended in resolution 16/18 include putting an end to the practice of
religious profiling, which inevitably leads to stigmatization and providing effective
protection for places of worship and religious sites, including in conflict situations.
2.
Facilitating free and voluntary communication
34.
From the combined perspectives of the two rights at issue, individuals are entitled to
all aspects of communicative interaction. For instance, they have the right to seek, receive
and impart information, express opinions and ideas, voice personal and/or political
concerns, share their religious or philosophical convictions with others, try to persuade
others or let themselves be persuaded, bear witness to their belief in private or publicly,
engage in communication across State boundaries etc. For these and other acts to be
manifestations of freedom, however, individuals also need to have the right not to
participate in certain communicative acts, if they so wish. They are generally free to
withdraw from unwanted communicative actions, remain disinterested in certain
information, keep their political opinions or religious convictions for themselves, decline
invitations to interreligious ceremonies or refrain from participating in public
demonstrations.
35.
Rights to freedom typically have their “positive” and “negative” 11 sides: they entitle
individuals to perform certain acts or not to do so. Both aspects are equally important.
Indeed, for communicative acts to merit their qualification as “free and voluntary”,
individuals should generally be respected in their freedom to decide for themselves
11
10
The adjective “negative” does not carry a pejorative meaning in this context.