A/HRC/6/5 page 19 2. Limitation 45. The permissibility of limitations is independent of the issue of derogability. Even in times of most serious public emergencies, States that interfere with the freedom to manifest one’s religion or belief must justify their actions by referring to the requirements specified in article 18 (3) of ICCPR. Consequently, freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others. The Special Rapporteur would like to emphasize that restrictions may not be imposed for discriminatory purposes or applied in a discriminatory manner and limitations must be directly related and proportionate to the specific need on which they are predicated. The burden of justifying a limitation upon the freedom to manifest one’s religion or belief lies with the State. The chosen measures should promote religious tolerance and avoid stigmatizing any particular religious community. Furthermore, the principles of appropriateness and proportionality need to be thoroughly respected both by the administration and during possible legal review. 3. Legislative issues 46. The Commission on Human Rights has repeatedly urged States to “ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction, inter alia, by the provision of effective remedies in cases where the right to freedom of thought, conscience, religion or belief, the right to practise freely one’s religion, including the right to change one’s religion or belief, is violated”. While some States already have institutions such as an ombudsperson for human rights, the Special Rapporteur has encouraged the creation of bodies or institutions dealing specifically with complaints and conciliation in matters of religion or belief. Such an organization should have genuine autonomy and independence of government. Its task could be to receive and consider complaints as well as to initiate and pursue inquiries on its own motion. Lastly, it could be responsible for conciliation or mediation, in cooperation with domestic judicial bodies, and for dealing with disputes arising from discrimination based on religion or belief. The Special Rapporteur would like to emphasize that the human rights obligations of States also consist in ensuring the free exercise of freedom of religion or belief and bringing the perpetrators of acts of religious intolerance to justice. 4. Defenders of freedom of religion or belief and non-governmental organizations 47. Members of non-governmental organizations (NGOs) and groups based on religion or belief play an essential and dynamic role in promoting freedom of religion or belief. The Special Rapporteur is particularly grateful for the information she receives from NGOs as well as for their input during country visits, highlighting cases of religious intolerance, discrimination and persecution. The Special Rapporteur’s model questionnaire, which is available online,5 is 5 http://www.ohchr.org/english/issues/religion/complaints.htm.