RES/40/10 Freedom of religion or belief

GE.19-05730(E)

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Human Rights Council Fortieth session

25 February–22 March 2019 Agenda item 3

Resolution adopted by the Human Rights Council on 21 March 2019

40/10. 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 and other relevant human rights

provisions,

Recalling further Human Rights Council resolution 37/9 of 22 March 2018, and

other resolutions adopted by the Council, the General Assembly and the Commission on

Human Rights on the freedom of religion or belief or the elimination of all forms of

intolerance and of discrimination based on religion or belief,

Recalling Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,

Noting with appreciation the conclusions and recommendations of the expert

workshops organized by the Office of the United Nations High Commissioner for Human

Rights and contained in the Rabat Plan of Action on the prohibition of advocacy of national,

racial and religious hatred that constitutes incitement to discrimination, hostility or violence,

adopted in Rabat on 5 October 2012,

Reaffirming that all human rights are universal, indivisible, interdependent and

interrelated,

Recalling that States have the primary responsibility to promote and protect human

rights, including the human rights of persons belonging to religious minorities, including

their right to exercise their religion or belief freely,

Deeply concerned at continuing acts of intolerance and violence based on religion or

belief against individuals, including persons belonging to religious communities and

religious minorities around the world,

Underlining the importance of education in the promotion of tolerance, which

involves the acceptance by the public of and its respect for diversity, including with regard

to religious expression, and underlining also the fact that education, in particular at school,

should contribute in a meaningful way to promoting tolerance and the elimination of

discrimination based on religion or belief,

United Nations A/HRC/RES/40/10

1. Stresses that everyone has the right to freedom of thought, conscience and

religion or belief, which includes the freedom to have or not to have, or to adopt, a religion

or belief of 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, including the right to change one’s religion or belief;

2. Emphasizes that freedom of religion or belief and freedom of expression are

interdependent, interrelated and mutually reinforcing, and stresses the role that these rights

can play in the fight against all forms of intolerance and discrimination based on religion or

belief;

3. Expresses deep concern at emerging obstacles to the enjoyment of the right

to freedom of religion or belief, and at instances of religious intolerance, discrimination and

violence, inter alia:

(a) The increasing number of acts of violence directed against individuals,

including persons belonging to religious minorities in various parts of the world;

(b) The rise of religious extremism in various parts of the world that affects the

rights of individuals, including persons belonging to religious minorities;

(c) Incidents of religious hatred, discrimination, intolerance and violence, which

may be manifested by derogatory stereotyping, negative profiling and the stigmatization of

individuals on the basis of their religion or belief;

(d) Instances that, both in law and in practice, 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 and 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;

(f) Attacks on religious places, sites and shrines and vandalism of cemeteries, in

violation of international law, in particular international human rights law and international

humanitarian law;

4. Condemns all forms of violence, intolerance and discrimination based on or

in the name of religion or belief, and violations of the freedom of thought, conscience,

religion or belief, and any advocacy of religious hatred that constitutes incitement to

discrimination, hostility or violence, whether it involves the use of print, audiovisual or

electronic media or any other means;

5. Also condemns violence and acts of terrorism, which are increasing in

number and targeting individuals, including persons belonging to religious minorities

across the world;

6. Emphasizes that no religion should be equated with terrorism, as this may

have adverse consequences for the enjoyment of the right to freedom of religion or belief of

all members of the religious community concerned;

7. Also emphasizes that States should exercise due diligence to prevent,

investigate and punish acts of violence against persons belonging to religious minorities,

regardless of the perpetrator, and that failure to do so may constitute a human rights

violation;

8. Strongly encourages government representatives and leaders in all sectors of

society and respective communities to speak out against acts of intolerance and violence

based on religion or belief;

9. Urges States to step up their efforts to promote and protect freedom of

thought, conscience and religion or belief, and to this end:

(a) To ensure that their constitutional and legislative systems provide adequate

and effective guarantees of freedom of thought, conscience and religion or belief to all,

without distinction, by, inter alia, the provision of access to justice and effective remedies

in cases where the right to freedom of thought, conscience and religion or belief, or the

right to freely practise one’s religion, including the right to change one’s religion or belief,

is violated;

(b) To implement all accepted universal periodic review recommendations

relating to the promotion and protection of freedom of religion or belief;

(c) To ensure that no one within their jurisdiction is deprived of the right to life,

liberty or security of person because of religion or belief, and that no one is subjected to

torture or other cruel, inhuman or degrading treatment or punishment, or arbitrary arrest or

detention, on that account, and to bring to justice all perpetrators of violations of these

rights;

(d) To end violations of the human rights of women, and to devote particular

attention to abolishing practices and legislation that discriminate against women, including

in the exercise of their right to freedom of thought, conscience and religion or belief;

(e) To ensure that no one is discriminated against on the basis of his or her

religion or belief in their access to, inter alia, education, medical care, employment,

humanitarian assistance or social benefits, and to ensure that everyone has the right and the

opportunity to have access, on general terms of equality, to public services in their country,

without any discrimination on the basis of religion or belief;

(f) To review, whenever relevant, existing registration practices in order to

ensure that such practices do not limit the right of all individuals to manifest their religion

or belief, either alone or in community with others and in public or private;

(g) To ensure that no official documents are withheld from the individual on the

grounds of religion or belief, and that everyone has the right to refrain from disclosing

information concerning their religious affiliation in such documents against their will;

(h) To ensure in particular the right of all individuals to worship, assemble or

teach in connection with a religion or belief and their right to establish and maintain places

for these purposes, and the right of all individuals to seek, receive and impart information

and ideas in these areas;

(i) To ensure that, in accordance with appropriate national legislation and in

conformity with international human rights law, the freedom of all individuals, including

persons belonging to religious minorities, to establish and maintain religious, charitable or

humanitarian institutions is fully respected and protected;

(j) To ensure that all public officials and civil servants, including members of

law enforcement bodies, and personnel of detention facilities, the military and educators, in

the course of fulfilling their official duties, respect freedom of religion or belief and do not

discriminate for reasons based on religion or belief, and that all necessary and appropriate

awareness-raising, education or training is provided;

(k) To take all necessary and appropriate action, in conformity with international

human rights obligations, to combat hatred, discrimination, intolerance and acts of violence,

intimidation and coercion motivated by intolerance based on religion or belief, and any

advocacy of religious hatred that constitutes incitement to discrimination, hostility and

violence, with particular regard to persons belonging to religious minorities in all parts of

the world;

(l) To promote, through the educational system and other means, mutual

understanding, tolerance, non-discrimination and respect in all matters relating to freedom

of religion or belief by encouraging, in society at large, a wider knowledge of different

religions and beliefs and of the history, traditions, languages and cultures of the various

religious minorities existing within their jurisdiction;

(m) To prevent any distinction, exclusion, restriction or preference based on

religion or belief that impairs the recognition, enjoyment or exercise of human rights and

fundamental freedoms on an equal basis, and to detect signs of intolerance that may lead to

discrimination based on religion or belief;

10. Stresses the importance of a continued and strengthened dialogue in all its

forms, including among individuals of, and within, different religions and beliefs, and with

broader participation, including of women, to promote greater tolerance, respect and mutual

understanding, and takes note with appreciation of different initiatives in this regard,

including the Alliance of Civilizations and the programmes led by the United Nations

Educational, Scientific and Cultural Organization;

11. Welcomes and encourages the continuing efforts of all actors in society,

including civil society organizations, religious communities, national human rights

institutions, the media and other actors to promote the implementation of the Declaration on

the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or

Belief, and also encourages their work in promoting freedom of religion or belief and in

highlighting cases of religious intolerance, discrimination and persecution;

12. Calls upon States to make use of the potential of education for the eradication

of prejudices against and stereotypes of individuals on the basis of their religion or belief;

13. Takes note of the thematic report presented by the Special Rapporteur on the

relationship between the right to freedom of religion or belief and the right to freedom of

opinion and expression, and the recommendations therein;1

14. Also takes note of the work of the Special Rapporteur, and concludes that

there is a need for the continued contribution of the Special Rapporteur to the promotion,

protection and universal implementation of the right to freedom of religion or belief;

15. Decides to extend the mandate of the Special Rapporteur for a further period

of three years, and invites the Special Rapporteur to discharge the mandate in accordance

with paragraph 18 of Human Rights Council resolution 6/37 of 14 December 2007;

16. Urges all Governments to cooperate fully with the Special Rapporteur and to

respond favourably to the requests of the mandate holder to visit their countries, and to

provide the mandate holder with all the information necessary to enable him or her to fulfil

the mandate even more effectively;

17. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide the Special Rapporteur with all the human, technical and

financial assistance necessary for the effective fulfilment of the mandate;

18. Requests the Special Rapporteur to report annually to the Human Rights

Council and to the General Assembly in accordance with their respective programmes of

work;

19. Decides to remain seized of this question under the same agenda item and to

continue its consideration of measures to implement the Declaration on the Elimination of

All Forms of Intolerance and of Discrimination Based on Religion or Belief.

52nd meeting

21 March 2019

[Adopted without a vote.]

1 A/HRC/40/58.