A/72/365
organizations and faith-based actors (including family members). The Special
Rapporteur notes that under article 2 of the International Covenant on Civil and
Political Rights, the State has a duty to protect individuals from rights abuses
perpetrated by non-State actors.
33. There have been increasing reports of vigilante mobs perpetrating acts of
arson, acid attacks, lynchings, rapes and murders in the name of religion in cases
involving allegations of apostasy, blasphemy, heresy, sorcery and homosexuality.
The hallmark of many of these attacks is the degree to which “structural violence”
and/or overt incitement to discrimination or violence are present as factors.
“Structural violence” refers to political, economic and social arrangements that
harm individuals or otherwise hinder their access to basic needs but that are often
subtle, invisible and not attributable to one specific person or group of people. 12
Such violence, in the form of discrimination and marginalization of minority
communities, exposes such communities to victimization and predisposes law
enforcement authorities to be capricious in their application of the rule of law.
34. State authorities have a duty to protect individuals and groups against
discrimination and other acts that violate the rights of persons based on their
religion or belief. There is an emerging consensus that non -State actors, especially
in situations where armed and/or terrorist groups exercise effective control over a
territory or a population, are also obligated to comply with human rights principles
and standards. United Nations human rights bodies, agencies, mechanisms and
offices, including commissions of inquiry and the Office of the United Nations High
Commissioner for Human Rights (OHCHR), have addressed human rights
violations committed in the name of religion by Al -Shabaab, Boko Haram, Hamas,
Hizbullah, the Islamic State in Iraq and the Levant, the Lord’s Resistance Army and
the Taliban (see A/HRC/28/66, paras. 54 and 55). Groups targeted include atheists,
Copts, Jews, Shia and Yazidi, as well as bloggers and dissenters, women and girls
and lesbian, gay, bisexual, transgender and intersex persons. Where these violations
occur in the context of armed conflict, they may also amount to war crimes and
other breaches of international humanitarian law. Furthermore, certain acts
committed by non-State actors may amount to “international crimes” and trigger
individual responsibility under the principles of international criminal law.
35. While civil society actors, including faith-based organizations, often play a
crucial role in countering hatred, some have also been responsible for hate speech
that contributes to stigmatizing particular communities and generating a climate of
fear, discrimination and violence. Hateful discourses frequently target dissenters
within established or minority religious communities. Violations carried out by
individuals may range from harassment in public places to acts of terrorism. These
acts may be motivated or justified by religious beliefs, as in the case of numerous
terrorist attacks carried out in the name of religion in recent years or because of the
presumed faith identity of the victims.
36. Most violations carried out in the name of religion by family members are
gender based. Examples include honour killings, female genital mutilation, corporal
punishment, early and forced marriage, marital rape and other forms of domestic
violence, sati and coercive practices related to sexual or gender identity, education,
dress, employment, freedom of movement, freedom of association, freedom of
assembly and recreation. Most of those crimes are likely to go unreported and
undocumented. An environment characterized by intolerance and capricious rule of
law often facilitates or enables the commission of such rights violations. Intolerant
environments may be fed by religious privilege shaped b y violent extremist
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12
17-14822
Johan Galtung, “Violence, peace, and peace research”, Journal of Peace Research, vol. 69. No. 3
(1969).
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