A/HRC/52/38 I. Introduction 1. The landscape of freedom of thought, conscience, religion or belief has changed significantly since the inception of the mandate 36 years ago. The appointment of a new mandate holder offers a timely opportunity to trace the contours of that landscape and draw out the implications for the mandate. 2. In its resolution 49/5, the Human Rights Council extended the mandate of Special Rapporteur on freedom of religion or belief, for a three-year period, and concluded that there was a need for the continued contribution of the Special Rapporteur to the promotion, protection and universal implementation of the right to freedom of religion or belief. The Council highlighted the importance of constitutional and legislative systems, national legislation, the recommendations emanating from the universal periodic review process, practices and legislation relating to women, economic and social rights and public services, registration practices, access to official documents, worship and assembly and the activities of all public officials and civil servants. 3. In the same resolution, the Human Rights Council expressed deep concern at emerging obstacles to the enjoyment of the right to freedom of religion or belief, and urged States to take appropriate action and to promote mutual understanding, through education, and stressed the importance of dialogue in all its forms. It expressed its deep concern at emerging obstacles to the enjoyment of the right to freedom of religion or belief, including acts of violence, the rise of religious extremism, incidents of religious hatred, discrimination, intolerance and violence, manifested through derogatory stereotyping, negative profiling and the stigmatization of individuals on the basis of their religion or belief, violations of that freedom in law and practice, the constitutional and legislative systems that fail to provide for that freedom, without distinction, and attacks on religious places and sites and the vandalism of cemeteries. 4. The Special Rapporteur discerns three key dimensions of her work from the resolution setting out the mandate. 5. The first dimension concerns the advancement of freedom of religion or belief to everyone, as upheld in international instruments,1 notably in articles 18 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It has been interpreted by the Human Rights Committee in its general comment No. 22 (1993) on the right to freedom of thought, conscience and religion 2 and operationalized through the mandate since its creation in 1986. 6. The second concerns the prohibition of discrimination on the basis of religion or belief.3 Non-discrimination on the basis of religion or belief, and the promotion of equality for all irrespective of religion or belief, is upheld in all international human rights law instruments. 4 Religion or belief as prohibited grounds of discrimination is specifically mentioned in most international human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of the Child. 7. The third concerns the targeting of individuals based on, or in the name of, religion or belief.5 This abuse of religion or belief as a tool of discrimination, hostility and violence 1 2 3 4 5 2 General Assembly resolution 47/135, annex, arts. 3, 5, 7, 9 and 13. Human Rights Committee, general comment No. 22 (1993) on the right to freedom of thought, conscience and religion, para. 4. See Human Rights Council resolution 49/5, paras. 3, 4 and 6. See https://www.ohchr.org/en/press-releases/2022/12/comprehensive-anti-discrimination-legislationmust-be-priority-say-un; and https://www.ohchr.org/en/minorities/minority-rights-equality-and-antidiscrimination-law. See also Human Rights Committee, general comment No 22 (1993), para. 9. The limitations of the present report mean that protections in international humanitarian law cannot be included. Human Rights Council resolution 49/5, para. 4. GE.23-00741

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