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24. Of significant note is the frequency in which a State’s adherence to faith -based
claims interferes with its capacity to protect the human rights of women. The many
religious-based reservations entered by States parties to the Convention on the
Elimination of All Forms of Discrimination against Women are a case in point. 8 The
breadth of restrictions or impositions on women’s human rights, including thos e
which limit their full participation in political, social and economic life, leaves States
unprepared to promote gender equality and creates an environment in which harmful
practices against women can occur. This includes the denial of access to sexual a nd
reproductive health services and the refusal to provide adequate legal and policy
safeguards against various forms of gender-based violence, including marital rape.
25. The importance of religion as an identity marker has fanned intolerant
attitudes towards various religions or beliefs, encouraging States to favour certain
types of values or religious affiliations as essential to the assertion of national status
or citizenship. In addition to perpetuating discrimination, such policies and practices
politicize religion and have a negative impact on individuals in vulnerable
situations, including those belonging to religious minorities and refugees, who
already suffer from a high degree of legal, economic and social disenfranchisement.
B.
Anti-blasphemy and anti-apostasy laws
26. More than 70 States have anti-blasphemy laws on the books (25 per cent in the
Middle East and North Africa, 25 per cent in the Asia -Pacific region, 23 per cent in
Europe, 16 per cent in Sub-Saharan Africa and 11 per cent in the Americas). 9 Many
States have adopted these measures to promote and strengthen “social harmony” and
“public order” between and across various communities. By and large, those efforts
are effectively measures meant to protect majority religious sentiments o r Stateimposed religious or belief orthodoxies.
27. Anti-blasphemy, anti-apostasy and anti-conversion laws, some of which are
falsely presented as “anti-incitement” legislation, often serve as platforms for
enabling incitement to discrimination, hostility or violence against persons based on
religion or belief. Such laws also frequently afford varying levels of protection to
different religions and are often applied in a discriminatory manner. Those who
support criminalizing blasphemy argue that criticism of religion or defamation of
religious figures is a variant of hate speech. In reality, however, anti -blasphemy
laws are generally focused on the degree to which speech causes offence or outrage
to religious sentiments, and not the extent to which that spe ech undermines the
safety and equality of individuals holding those religious views.
28. Anti-blasphemy laws often give States licence to determine which
conversations on religion are admissible and which ones are too controversial to be
voiced. The Special Rapporteur notes that when governments restrict freedom of
expression on the grounds of “insult to religion”, any peaceful expression of
political or religious views is subject to potential prohibition. In practice, those laws
can be used for the suppression of any dissenting view in violation of international
human rights standards protecting freedom of opinion and expression and freedom
of religion or belief. Consequently, the international community, in several recent
action plans, have called upon States that still have blasphemy laws on the books to
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See Başak Çalı and Mariana Montoya, The March of Universality? Religion-Based Reservations
to the Core UN Treaties and What They Tell Us About Human Rights and Universality in the
21st Century (Geneva, Universal Rights Group, 2017).
See Joelle Fiss and Jocelyn Getgen Kestenbaum, “Respecting rights? Measuring the world ’s
blasphemy laws” (Washington, D.C., United States Commission on International Religious
Freedom, July 2017), table 2.
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