A/HRC/6/5
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conception of life and that freedom of religion or belief is protected as one of the essential rights
by article 18 of ICCPR. They also recalled that respect for the right to freedom of expression, as
articulated in article 19 of ICCPR, constitutes a pillar of democracy and reflects a country’s
standard of justice and fairness. Peaceful expression of opinions and ideas, either orally, through
the press or other media, should always be tolerated. The press must enjoy large editorial
freedom to promote a free flow of news and information, within and across national borders, thus
providing an arena for debate and dialogue. Nevertheless, the use of stereotypes and labelling
that insult deep-rooted religious feelings do not contribute to the creation of an environment
conducive to constructive and peaceful dialogue among different communities. The Special
Rapporteurs urged all parties to refrain from any form of violence and to avoid fuelling hatred.
They also encouraged States to promote the interrelated and indivisible nature of human rights
and freedoms and to advocate the use of legal remedies as well as the pursuance of a peaceful
dialogue on matters which go to the heart of all multicultural societies.
39. With regard to religious intolerance and incitement to religious hatred, the report
(A/HRC/2/3, paras. 44-47) further to Human Rights Council decision 1/107 notes the following:
“According to article 20 of the Covenant, ‘any advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence shall be prohibited by law’. In
its general comment 11, the Human Rights Committee holds that the measures contemplated by
article 20, paragraph 2, of the Covenant constitute important safeguards against infringement of
the rights of religious minorities and of other religious groups to exercise the rights guaranteed
by articles 18 and 27, and against acts of violence or persecution directed towards those groups.
[…] The Special Rapporteur notes that article 20 of the Covenant was drafted against the
historical background of the horrors committed by the Nazi regime during the Second World
War. The threshold of the acts that are referred to in article 20 is relatively high because they
have to constitute advocacy of national, racial or religious hatred. Accordingly, the Special
Rapporteur is of the opinion that expressions should only be prohibited under article 20 if they
constitute incitement to imminent acts of violence or discrimination against a specific individual
or group.” She concluded that “[a]t the global level, any attempt to lower the threshold of
article 20 of the Covenant would not only shrink the frontiers of free expression, but also limit
freedom of religion or belief itself. Such an attempt could be counterproductive and may
promote an atmosphere of religious intolerance”.
2. Right to life, right to liberty
40. Every human being has the inherent right to life which shall be protected by law and
everyone has the right to liberty and security of person. The occurrence of armed conflict and
civil wars caused, inter alia, by religious factors, has lead to heavy losses of life. Also in
countries where there is no prevailing climate of civil war, confrontations between religious
communities may lead to violence and cause the death of many persons. The right to liberty is
also frequently infringed as evidenced by numerous cases of arbitrary arrest and detention for
reasons of religion or belief, including house arrest, internal exile, imprisonment and assignment
to a re-education or labour camp. With regard to the reward for the killing of an individual in
pursuance of a religious ruling, the first mandate holder d’Almeida Ribeiro recalled article 6 of
ICCPR and emphasized “that a decision which has not been issued by an independent tribunal