A/HRC/55/47
to compiling peer-to-peer learning and action points at the international, regional, national
and local levels.105
VI. Conclusions and recommendations
61.
The Special Rapporteur reiterates the call for greater efforts to promote freedom
of religion or belief, foster interfaith and intercultural dialogue and understanding,
protect religious and belief minorities and combat hate speech while upholding all
human rights. Hatred on the basis of religion or belief must be addressed by States in a
human rights-compliant manner. Any advocacy of religious hatred that constitutes
incitement to discrimination, hostility or violence should be prohibited by law. Political
and religious leaders have a crucial role to play in speaking out firmly and promptly
against intolerance and hate speech. While international norms and standards provide
the framework to combat incitement to discrimination and violence, laws alone are not
sufficient and States should also adopt policies and programmes to promote diversity
and freedom of expression in increasingly multicultural and interconnected societies.
62.
The Special Rapporteur recommends that States:
(a)
Collect disaggregated data, record and report on all expressions of hate
speech, including those on the basis of religion or belief, on a regular basis, thus alerting
authorities to instances and patterns of intolerance, discrimination and violence so that
they can be addressed appropriately;
(b)
Take timely and robust action against discriminatory speech on the basis
of religion or belief that undermines the equality of members of society; some speech
raises concern “in terms of tolerance, civility and respect for the rights of others”, while
unlawful forms of expression may “justify a civil suit or administrative sanctions” or,
as a last resort in strictly justifiable situations, may also lead to “criminal sanctions”;106
(c)
Recognize that religious hate speech that does not constitute incitement to
discrimination, hostility or violence should be actively addressed through robust
measures and policies but not criminalized;
(d)
Invest in long-term trust-building and cohesion so that State institutions
and the community at large are in regular communication, allowing instances of hate
speech to be raised and responded to collaboratively at the institutional and societal
levels;
(e)
Review all legislation and policies to ensure that State policies are free of
hate speech; complaints mechanisms and procedures also need to be reviewed to ensure
that there is no impunity for State actors who engage in hate speech;
(f)
Adopt comprehensive anti-discrimination legislation to prevent and
respond to hatred based on religion or belief, irrespective of whether or not such hate
speech rises to incitement in accordance with article 20 (2) of the Covenant;107
(g)
Develop action plans, in consultation with relevant religious or belief
communities, to address the specifics of the challenge in cases where specific attention
is merited, where discrimination is structurally embedded and where general provisions
do not adequately deliver on eliminating discrimination; such action plans offer living
instruments and road maps to effectively confront systemic barriers and deep-seated
prejudices;
(h)
Engage in awareness-raising and capacity-building for all State actors on
a regular basis;
105
106
107
GE.23-25950
See https://www.ohchr.org/sites/default/files/documents/issues/religion/faithforrights/Faith-for-rightsP2Pweek2023.pdf.
A/HRC/22/17/Add.4, appendix, paras. 20 and 34.
Ibid., para. 26.
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