A/78/207
death penalty. 71 They may impose limitations on the freedom of religion or belief of
minorities in the name of protecting or promoting an official State religion,
secularism, national security 72 or cohesion; or they may fail to offer witness
protection against intimidation and attacks in relation to such cases.
62. It is of crucial importance that courts be neutral and impartial, allowing for fair
litigation and decision-making, mediation, reparations and guarantees of
non-repetition. Religious or belief prejudices and discrimination are an affront to the
impartiality and independence of judges and lawyers.
63. Fear of reprisals may make judges reluctant to address certain cases or
pronounce in favour of freedom of religion or belief, affecting due process rights. 73
State-provided legal representatives may fear repercussions for carrying out their
professional work with fairness, 74 placing the fair trial of victims in great jeopardy.
64. States must ensure that judicial authorities at all levels are aware of their
international human rights obligations, including as they relate to freedom of religion
or belief. The Special Rapporteur wishes to draw attention to helpful training and
awareness-raising programmes, materials and methods, 75 strongly encourages such
initiatives and wishes to reiterate her availability to offer technical assistance or other
support in their development and implementation.
I.
Legislative bodies at the national level
65. National legislative bodies have unparalleled opportunities to contribute to
freedom of religion or belief. In drafting, debating, scrutinizing and reviewing laws
that may apply throughout the State, legislators are extremely well placed to ensure
that the freedom of religion or belief of the populations they represent is reflected in
the constitutional and legal order and effectively implemented at all levels.
66. Many violations of freedom of religion or belief arising in the institutional
contexts described above are facilitated by, or a direct result of, the actions or
inactions of national legislatures. The mandate holder regularly observes legislatures
actively or complicitly creating or sustaining legal environments that are hostile or
discriminatory to religious and belief diversity or to particular communities. Those
actions often constrain the abilities of the other actors identified above to carry out
their roles in a manner that respects freedom of religion or belief.
67. A particular danger to rights holders from religious or belief minorities arises in
contexts of political polarization, where harmful stereotypes and hate speech are
spread against them in political and social discourse. 76 Legislators, or those who seek
to obtain political office in elections, may cynically seek to gain popularity by
encouraging discrimination or violence against individuals on the basis of their
religion or belief or motivated by the religion or belief of the population whose
sympathy they hope to win. Actions of this kind are deplorable and contribute to
further discrimination and violations. Legislators should speak out against, and
publicly condemn, intolerance, including advocacy of religious hatred that constitutes
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73
74
75
76
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OHCHR, communications sent to the Governments of Pakistan (PAK 2/2022 and PAK 3/2022),
Somalia (SOM 4/2022) and to the de facto authorities in Somaliland (OTH 129/2022).
See A/73/362.
OHCHR, communication sent to the Government of Pakistan (PAK 3/2022).
A/HRC/37/49/Add.2, para. 71; and A/HRC/43/48/Add.2, para. 24.
See, for example, those developed by the Oslo Coalition on Freedom of Religion or Belief, the
Brazilian Center of Studies in Law and Religion and the Association of Judges of Rio Grande do
Sul; available at www.direitoereligiao.org/capacitacao/sistema-de-justica/5-Curso/program-inenglish.
A/HRC/43/48/Add.1, paras. 53 and 60; and joint submission by Sarah Teich and Maria Reisdorf.
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