A/HRC/4/21
page 18
54.
Religious minorities and new religious movements are confronted with various
forms of discrimination and intolerance, stemming both from Governments and from
non-State actors. It is critical that Governments commit themselves to full respect to the
norms of human rights and play a role of bridge-builders rather than join the alarmists in
widening the gap of understanding and mutual trust. Rising religious intolerance
deteriorates the quality of life for all people of the world. Concerning the concepts of
“religion” or “belief”, the Special Rapporteur interprets the scope of application for
freedom of religion or belief in a large sense, bearing in mind that manifestations of this
freedom may be subject to such limitations as are prescribed by law and are necessary to
protect public safety, order, health, or morals or the fundamental rights and freedoms of
others. Furthermore, no religious community should be empowered to decide about or to
veto the registration of another religious or belief group.
55.
Legislation with regard to advocacy of religious hatred that constitutes incitement to
discrimination, hostility or violence must be applied by independent and non-arbitrary
bodies. Accordingly the prosecution, while retaining their prosecutorial discretion, should
rely on transparent and neutral standards when applying the legislation to specific cases.
Furthermore an independent judiciary is an absolutely vital component in the process of
effectively combating forms of expression that incite to religious or racial hatred. The need
for bodies which comply with international standards on the independence of the judges
and lawyers in this context is a prime example of the importance of the interdependence of
human rights. It should also be noted that the application of so-called “hate speech”
legislation can be particularly problematic where the law itself favours one religion, or
where a religion rather than freedom of religion or belief is the object of protection.
56.
Religious controversies are historical. They will continue to demand the
international community’s attention and challenge societies to find creative ways of dealing
with it. There are no classic or tested recipes for resolving such sensitive issues.
Nevertheless, at the very least, political leadership must collectively and openly commit
itself to defy intolerance based on religion or belief. In this regard, a continuing dialogue at
all levels is essential. There are indeed some remarkable examples where a call for
dialogue has prevented violence or ended hostilities. In many cases, such initiatives are
even more successful when they include members of all faiths and beliefs, women as well as
persons who are dispassionate in matters of religion.