A/HRC/31/18
contrast, would more likely be invoked against excessive provocation relating to religious
issues. In short, while freedom of expression seems to signal a “green light” to all sorts of
provocation, freedom of religion or belief appears to function more like a “stop sign” to
provocation – or such is the perception.
6.
In 2006, the previous Special Rapporteur, in a joint report, stressed that “freedom of
religion primarily confers a right to act in accordance with one’s religion but does not
bestow a right for believers to have their religion itself protected from all adverse
comment”.4 This is an important clarification. Freedom of religion or belief is a right to
“freedom”, a quality which accounts for its close relationship to other rights to freedom,
including freedom of opinion and expression. Moreover, among the various facets covered
by freedom of religion or belief, the rights to free personal orientation and free
communicative interaction with others constitute indispensable core aspects, which point to
the positive interrelatedness with freedom of opinion and expression. To a large extent,
both rights move in the same direction — although each has specific features. Articles 18
and 19 of the International Covenant on Civil and Political Rights display far-reaching
analogies in their legal formulations.
7.
Both articles have in common the unconditional protection of the forum internum –
a person’s inner realm of thinking and believing, and the criteria for drawing limitations
with regard to their external manifestations, that is, the forum externum, are very similar.
Hence there are good reasons to conclude that the rights to freedom of religion or belief and
to freedom of expression do not stand in opposition to each other, but are actually quite
close in spirit and formulation. Yet, this positive interrelatedness does not preclude concrete
conflicts, as controversial issues may at times emerge at the intersection of both rights.
8.
The positive interrelatedness between freedom of religion or belief and freedom of
expression is not only a theoretical postulate. More importantly, the two rights mutually
reinforce each other in practice. This insight should also guide the implementation of
Human Rights Council resolution 16/18 on combating intolerance, negative stereotyping,
stigmatization of, and discrimination, incitement to violence and violence against, persons
based on religion or belief, which addresses both rights explicitly.
9.
With regard to freedom of religion or belief, States should create favourable
conditions for everyone to be able to enjoy this right without fear and without
discrimination. This requires, inter alia, taking measures to eliminate all forms of
intolerance, stigmatization and negative stereotyping of persons based on their religion or
belief, as well as adopting effective policies to prevent acts of violence or incitement
thereto, as requested in resolution 16/18. Although this may at times require restricting
freedom of expression, in accordance with the criteria established for imposing restrictions
in articles 19 (3) and 20 (2) of the Covenant, the right to freedom of expression, above all,
provides positive preconditions for combating intolerance by facilitating the creation of
communicative counter-strategies in the broadest sense, such as public condemnation of
incitement to hatred and public demonstrations in support of targeted individuals or groups.
10.
The interrelatedness of freedom of religion or belief and freedom of expression was
also explored in some detail in the Rabat Plan of Action, which contains the results of a
series of regional workshops organized by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in 2011 and 2012, with the broad participation
of international experts, civil society organizations, government representatives, as well as
international and regional organizations.
4
4
See A/HRC/2/3, para. 37.