A/HRC/31/18
basis of “racial superiority”. Reading into the required prohibition of “ideas based on racial
superiority” an implicit prohibition also of ideas based on “religious” superiority would
lead to problematic results. Punishing such ideas would amount to nothing less than the end
of any free communication concerning religious and belief-related issues. It would delegitimize theological analysis, academic studies of religion, missionary and da’wah
activities as well as other kinds of communication in this field and thus erode basic
guarantees of freedom of religion or belief in conjunction with freedom of expression.
States should therefore repeal any laws which impose criminal sanctions against claims of
religious or belief-related superiority. Moreover, article 4 (a) of the International
Convention on the Elimination of All Forms of Racial Discrimination should be
consistently interpreted with due regard to the right to freedom of expression, as protected
under article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination, article 19 of the International Covenant on Civil and Political Rights and
other relevant provisions of international human rights law.
III. Conclusions and recommendations
A.
Conclusions
69.
The human rights to freedom of religion or belief and to freedom of opinion
and expression, as enshrined in articles 18 and 19 of the International Covenant on
Civil and Political Rights and other international human rights instruments, are
closely interrelated in law and in practice.
70.
The widespread perception that these two rights are in opposition to each other
is usually based on the misunderstanding that freedom of religion or belief protects
religions or belief systems per se. However, like freedom of expression, freedom of
religion or belief is a right to freedom and the right holders are human beings. It
facilitates the flourishing of free and democratic societies in conjunction with other
rights to freedom.
71.
Both rights share similar features of unconditional protection of the forum
internum, i.e. the person’s internal dimension of religious or belief-related conviction
or thinking that does not allow for any limitations or restrictions on any grounds
whatsoever. External manifestations of freedom of religion or belief and freedom of
expression do not enjoy unconditional protection, but the thresholds of limitations are
high. Limitations can only be justifiable when the criteria set out in articles 18 (3) and
19 (3) of the Covenant, respectively, are met.
72.
In spite of these similarities, freedom of religion or belief and freedom of
expression each have their specific features. Freedom of religion or belief protects a
broad range of “manifestations” in worship, observance, practice and teaching, many
of which may go beyond the “expression” of one’s belief. What is specific to freedom
of religion or belief, above all, is the recognition of the practical implications that a
religion or belief may have on the way its followers shape their lives as individuals and
in community with others.
73.
The close interrelatedness of freedom of religion or belief and freedom of
opinion and expression facilitates manifold practical synergies. Any attempt to
combat intolerance, stereotyping, stigmatization, discrimination and incitement to
violence based on religion or belief should therefore make use of both rights in
conjunction. It is no coincidence that the Human Rights Council, in the preamble of
resolution 16/18, mentions these two rights as the main references on which to base
the measures to be taken against religious intolerance and concomitant problems.
19