RES/14/11 Freedom of religion or belief: mandate of the Special Rapporteur on freedom of religion or belief

GE.10-14737

Human Rights Council Fourteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Resolution adopted by the Human Rights Council*

14/11 Freedom of religion or belief: mandate of the Special Rapporteur on freedom of religion or belief

The Human Rights Council,

Recalling General Assembly resolution 36/55 of 25 November 1981, in which the Assembly proclaimed the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief,

Recalling also article 18 of the International Covenant on Civil and Political Rights, article 18 of the Universal Declaration of Human Rights, article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights and other relevant human rights provisions,

Recalling further its resolution 6/37 of 14 December 2007 and other resolutions on the elimination of all forms of intolerance and of discrimination based on religion or belief adopted by the General Assembly and the Commission on Human Rights,

Recalling its resolutions 5/1 on the institution-building of the Council and 5/2 on the code of conduct for special procedures mandate holders of the Human Rights Council, of 18 June 2007, and stressing that the mandate-holder shall discharge his/her duties in accordance with those resolutions and the annexes thereto,

1. Condemns all forms of intolerance and discrimination based on religion or belief, as well as violations of the freedom of thought, conscience, religion or belief;

2. Stresses that everyone has the right to freedom of thought, conscience and religion or belief, which includes the freedom to have or to adopt a religion or belief of

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its fourteenth session (A/HRC/14/37), chap. I.

one’s choice and the freedom, either alone or in community with others and in public or private, to manifest one’s religion or belief in teaching, practice, worship and observance;

3. Condemns any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audio-visual or electronic media or any other means;

4. Emphasizes that restrictions on the freedom to manifest one’s religion or belief are permitted only if limitations are prescribed by law, are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others, are non- discriminatory and are applied in a manner that does not vitiate the right to freedom of thought, conscience and religion;

5. Calls upon States to adopt measures and policies to promote respect for places of worship and religious sites;

6. Expresses concern at the continued existence of instances of religious intolerance, as well as at emerging obstacles to the enjoyment of the right to freedom of religion or belief, inter alia:

(a) Instances of intolerance and violence directed against members of many religious minorities and other communities in various parts of the world;

(b) Incidents of religious hatred, discrimination, intolerance and violence, which may be manifested by the derogatory stereotyping, negative profiling and stigmatization of persons based on their religion or belief;

(c) Attacks on religious places, sites and shrines in violation of international law, in particular human rights and humanitarian law, as they have more than material significance on the dignity and lives of members of communities holding spiritual or religious beliefs;

(d) Instances, both in law and practice, that constitute violations of the fundamental right to freedom of religion or belief, including of the individual right to publicly express one’s spiritual and religious beliefs, taking into account the relevant articles of the International Covenant on Civil and Political Rights, as well as other international instruments;

(e) Constitutional and legislative systems that fail to provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction;

7. Welcomes the report presented by the Special Rapporteur on freedom of religion or belief (A/HRC/13/40);

8. Also welcomes the work of the Special Rapporteur, and concludes that there is a need for the continued contribution of the Special Rapporteur to the protection, promotion and universal implementation of the right to freedom of religion or belief;

9. Decides to extend the mandate of the Special Rapporteur for a further period of three years;

10. Invites the Special Rapporteur to take into account the content of all previous resolutions on freedom of religion or belief, in particular the concerns expressed in the present resolution, while discharging her or his mandate in accordance with paragraph 18 of Council resolution 6/37 and when reporting to the Council;

11. Calls upon the Special Rapporteur to work with mass-media organizations to promote an atmosphere of respect and tolerance for religious and cultural diversity, as well as multiculturalism;

12. Requests the Secretary-General to ensure that the Special Rapporteur receives the necessary resources to enable her or him to discharge her or his mandate fully;

13. Urges all Governments to cooperate fully with the Special Rapporteur and to respond favourably to her or his requests to visit their countries and to provide her or him with all necessary information to enable her or him to fulfil her or his mandate even more effectively;

14. Requests the Special Rapporteur to submit her or his reports to the Council in accordance with its annual programme of work, and the next annual report in 2011;

15. Decides to remain seized of this question under the same agenda item and to continue consideration of measures to implement the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

36th meeting 18 June 2010

[Adopted without a vote.]