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
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos