A/HRC/46/30 Studies show that the number of Islamophobic hate crimes frequently increases following events beyond the control of most Muslims, including terrorist attacks and anniversaries of such attacks (the perpetrators of which identify as Muslim or claim to practise Islam), the Brexit referendum, Presidential elections in the United States and Islamophobic statements from political leaders generally. 148 For example, after the 2015 terrorist attacks in Paris and in San Bernardino, United States, hate crimes against Muslims and mosques across the United States reportedly tripled.149 One organization attributes the 2017 peak in anti-Muslim incidents in the United States to Executive Order No. 13769 (the “Muslim ban”).150 Ultimately, these trigger events illustrate how Islamophobia may attribute collective responsibility to all Muslims for the actions of a very select few or feed upon inflammatory rhetoric. IV. Countering Islamophobia A. International legal framework The right to freedom of religion or belief is interdependent with myriad other human rights, including the right to be free from discrimination. The imposition of undue or disproportionate limits on individuals’ right to worship, observe, practise or teach their religion or belief on the basis of their religious identity strikes at the heart of international law’s prohibition of discrimination. Additionally, international law recognizes that discriminatory policies and practices that restrict civil, political, economic, social and cultural rights on the basis of religious identity can significantly infringe upon the right to freedom of religion or belief of targeted populations.151 This includes policies and practices that limit access to benefits and services made available to the general population, including restrictions on access to education, 152 adequate housing or employment on the basis of religion or belief. 153 In turn, such discriminatory sanctions raise the stakes for targeted populations to exercise their freedom of religion or belief and intensifies their marginalization. The foregoing findings document myriad circumstances in which restrictions on the right to freedom of religion or belief disproportionately target Muslims. The freedom to have or adopt a religion or belief of one’s choice is absolute and States can restrict the right to manifest a religion or belief only when doing so is necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. 154 As such, although States frequently refer to national security or the imperative to promote harmonious coexistence to justify limits on religious dress, the dissemination of religious materials or religious education and even impose outright bans on membership of certain religious or belief groups, such reasons are not permissible grounds for restricting freedom of religion or 148 149 150 151 152 153 154 Submissions by Imran Awan and Irene Zempi, the Anti-Muslim Hatred Working Group and the Carter Center; https://hatecrime.osce.org/what-hate-crime/bias-against-muslims; www.sandiegouniontribune.com/news/public-safety/story/2020-10-31/hate-crimes-surge-presidentialelections; https://saalt.org/report-communities-on-fire-confronting-hate-violence-and-xenophobicpolitical-rhetoric/; https://tellmamauk.org/wpcontent/uploads/2019/09/Tell%20MAMA%20Annual%20Report%202018%20_%20Normalising%2 0Hate.pdf; www.islamophobia.org/articles/262-the-bias-brief-trump-s-impact-on-anti-muslimbias.html. www.nytimes.com/2015/12/18/us/politics/crimes-against-muslim-americans-and-mosques-risesharply.html; submission by the Carter Center. www.islamophobia.org/articles/262-the-bias-brief-trump-s-impact-on-anti-muslim-bias.html. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, art. 2. Hudoyberganova v. Uzbekistan (CCPR/C/82/D/931/2000). Human Rights Committee, general comment No. 22 (1993), para. 5. International Covenant on Civil and Political Rights, art. 18 (3). 15