The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association has also remarked in his report presented on June 17, 2016, to the UNHRC that fundamentalism, including religious fundamentalism, is negatively impacting the rights to freedom of assembly and association.2 INTERSECTION BETWEEN THE RIGHTS TO FREEDOM OF EXPRESSION AND FREEDOM OF RELIGION The rights to Freedom of Religion or Belief are intrinsically linked to freedom of opinion and expression, freedom of association and assembly, as well as to other human rights and fundamental freedoms. These rights individually and collectively guarantee and contribute to the building of peaceful, inclusive pluralistic, tolerant, progressive and democratic societies. General Comment No. 22 of the Human Rights Committee (CCPR) specifies that “the right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) [...] is far-reaching and profound; it encompasses freedom of thought on all matters, personal convictions and the commitment to religion or belief, whether manifested individually or in a community with others. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms “belief” and “religion” are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions.”3 General Comment No. 10 of CCPR4 clarifies that any restrictions on freedom of expression must be justified under Article 19(3) of the ICCPR and “may not put in jeopardy the right itself”. These restrictions are also required to be necessary and proportional to the aim it seeks to achieve. The rights to FoE and & FoR include the right to hold opinions on religious matters. Individuals have the right to comment on their own religion as well as those of others. Freedom of expression includes the right to be controversial, insulting or offensive, even when such speech targets or offends ideas that are devoutly held beliefs for others. Expression of religious, nonreligious and irreligious belief, or of an opinion concerning a religion or belief, is a legitimate exercise of freedom of expression and is, as such, protected by the guarantees in Article 19 of the ICCPR and related documents. While incitement of religious hatred is a legitimate restriction to FoE, it must be proportionate to 2 Please see UN Special Rapporteur MainaKiai’s report to the Human Rights Council, June 2016, A/HRC/32/36 available at http://freeassembly.net/reports/fundamentalism/ Factsheet: Fundamentalism’s impact on FoAA rights available at http://freeassembly.net/wp-content/uploads/2016/06/Fundamentalism-factsheet-final.pdf 3 See Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993). Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 35 (1994) available at http://hrlibrary.umn.edu/gencomm/hrcom22.htm 4 See United Nations, Office for High Commissioner for Human Rights, General Comment No. 10: Freedom of expression (Art. 19): 29/06/1983. CCPR General Comment No. 10. (General Comments) available at http://www.ohchr.org/Documents/Issues/Opinion/CCPRGeneralCommentNo10.pdf 19