A/HRC/34/56
50.
The right to hold and express opinions without interference, enshrined in article 19
of the International Covenant on Civil and Political Rights, includes the right to hold and
freely express opinions on religion, culture and tradition without interference, the latter
subject only to the limitations specified. The right to freedom of expression includes the
right to engage in expression considered anathema according to the religious or ideological
beliefs of others, in accordance with international standards. This is also vital for cultural
rights, including scientific freedom. In the absence of such a guarantee, human beings
might still not know that the earth is not flat.
51.
The freedom of thought, conscience and religion guaranteed in the Covenant
includes the right to be a religious believer and as the Human Rights Committee noted in
general comment No. 22, the “right not to profess any religion or belief”. While the
underlying right to freedom of religion in the International Covenant on Civil and Political
Rights is unconditional, the Covenant distinguishes this from the right to manifest one’s
religion, which is subject to certain limitations. These are found in article 18 (3), in which it
is stated:
Freedom to manifest one’s religion or beliefs may be subject only 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.
In its general comment No. 28, the Human Rights Committee determined that “article 18
[of the Covenant] may not be relied upon to justify discrimination against women by
reference to freedom of thought, conscience and religion”.
52.
Fundamentalists sometimes seek to advance their agenda internationally or to shield
themselves from scrutiny by deploying the language of human rights and religious freedom
in particular. The Special Rapporteur stresses in this respect the importance of article 30 of
the Universal Declaration of Human Rights, as well as of common article 5 of the
International Covenant on Civil and Political Rights and of the International Covenant on
Economic, Social and Cultural Rights, which warn that nothing in these instruments shall
be interpreted as implying for any State, group or person any right to engage in any activity
aimed at the destruction of any of the rights and freedoms recognized therein. The original
intention of the drafters was to impede the abusive exercise of certain rights of the
International Covenant on Civil and Political Rights by individuals and groups supportive
of totalitarian ideologies, which have many commonalities with some extremist and
fundamentalist movements. While these provisions can be the object of government misuse,
they also serve as a purposeful marker of the need to consider the rights of others when
interpreting certain rights in context. As underscored previously, it is crucial to combat
fundamentalism, extremism and violent extremism, and to do so taking into consideration
the human rights framework and in particular the regime of limitations to human rights.
B.
Analysis of fundamentalism and extremism in the United Nations
system
53.
The United Nations human rights system has commented sporadically on issues of
fundamentalism and extremism and a more systematic approach should be developed.
However, some important statements have been made expressing concern about
fundamentalism and extremism as ideological bases for human rights violations.
54.
In 2016, the Special Rapporteur on the rights to freedom of peaceful assembly and
of association addressed the impact of fundamentalism on the rights within his mandate
(see A/HRC/32/36). He highlighted the role of both State and non-State actors and that
fundamentalism poses the greatest threat to human rights when it becomes closely allied
with power, and is adopted or tacitly approved by entities with the means to impose
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