Chapter two

2. The conceptual and legal frame work of religious crime

Religious crimes are closely tied to religion, which is a sad daily fact that most people are
unaware of. Any behavior that offends religious sensibilities and causes strongly held beliefs in
persons to experience profound negative emotions is considered a religious crime.

Analyzing the beginning of human civilization we come across two factors that have always
played a role. Those two factors are crime and religion. Man, since we can recall, must feel that
it has the power to rule fearlessly. That is why when a group of people decide to put men’s
beliefs aside and follow a religion or a deity of their own, conflict emerges as fast as explosive
granite. For this reason, presently we have so many crimes related to religion because some
humans oppose others who have a different point of view. Humans feel the need to be accepted
and when that can’t be accomplished they go to extreme measurements to reach their goal. It is a
shame that we must see crimes in every aspect of our lives. Even when we think religion would
be the solution to uphold humanity and make it peaceful, the total opposite takes place. But this
is not the worst part. Sometimes religion contributes to violence since some religions teach the
concept of self-sacrifice. In our world we have witnessed this in many occasions; such as suicide
bombers who kill instantly hundreds of people. A perfect example of this is the 911 incident
when the hijackers who were responsible for killing over 2,000 people were following their Al-
Qaeda leader Osama Bin Laden’s religious teachings. It is very appalling to see how religion and
crime go together like salt and pepper. That is why for the sake of humanity we must put an end
to all this violence, especially persecuting human beings because of religion. A way to ending
religious persecution is yet to come but in the meantime.

"Religion" is a complex and problematic modern western concept. 1 Though there is no scholarly
consensus over what a religion is, today, religion is generally considered an abstraction which
entails beliefs, doctrines, and sacred places. The link between religious belief and behavior is
problematic. Decades of anthropological, sociological, and psychological research have all
proven the falsehood of the assumption that behaviors directly follow from religious beliefs and
values because people's religious ideas are fragmented, loosely connected, and context-

1
Nongbri, Before Religion: A History of a Modern Concept. (2013) Yale University Press.
dependent just like all other domains of culture and life. In general, religions, ethical systems,
and societies rarely promote violence as an end in itself since violence is universally
undesirable. At the same time, there is a universal tension between the general desire to avoid
violence and the acceptance of justifiable uses of violence to prevent a "greater evil" that
permeates all cultures.

Religious crime, like all forms of violence, is a cultural process which is context-dependent and
very complex.2 Oversimplifications of "religion" and "crime" often lead to misguided
understandings of causes for why some people commit acts of crime and why most people never
commit such acts in the first place. Crime is perpetrated for a wide variety of ideological reasons
and religion is generally only one of many contributing social and political factors that can lead
to unrest. Studies of supposed cases of religious violence often conclude that violence is strongly
driven by ethnic animosities rather than by religious worldviews. 3 Religiously motivated
violence can manifest itself in a number of ways, including wars, hate crimes, physical assaults,
blasphemy, persecution, etc. So, since humankind can remember, religious crimes have been a
major problem worldwide. Sacrilege, or the violation or hurtful treatment of a sacred object, site,
or person, is another name for religious crime that dates back to ancient times. This might
manifest as disrespect for holy people, places, or things. If the sacrilegious act is vocal, it is
referred to as blasphemy, and if it is physical, it is frequently referred to as desecration. In a less
formal meaning, sacrilege includes disrespecting a sacred location without authorization as well
as any offense against what is considered to be a religious virtue.

2.1 Forms of religious crimes

Religions caused a lot of bloodshed in the past. Many wars were fought for the sake of religions.
The subject of religious violence is still a contentious issue, and religious wars are still fought in
some parts of the world. For a long time, world religions have been stumbling blocks in the
progress of our civilization. There are people, who fervently wish for the destruction of the world
so that they can go to heaven and live there forever. In the context of religions, it is probably the
most violent thought, which one can find in many religious scriptures with necessary
justification.
2
Rowley, Matthew, "How Should We Respond to Religious Violence? Fifteen Ways To Critique Our Own
Thoughts" (2015).
3
Wiley-Blackwell, Peacemaking and the Challenge of Violence in World Religions, in Omar, Irfan; Duffey,
Michael, eds., 22 June 2015). p.1
It is sad but true that then and now religions have been the source of great violence and suffering
to many people. It is not necessary that such violence should be caused by physical acts of
aggression only. Religious crimes can be expressed in various explicit and implicit ways to
discriminate, demean, antagonize, minimize or harm particular groups or people. It is also true
that religious crime is not always caused by religious groups only. Secular groups may also incite
religious violence or aggravate religious passions to suit their political and ideological agendas.
The following are a few known forms of religious violence.

 Religious wars: This is an extreme form of religious crime. Religious differences have
wreaked havoc in the form of wars in many countries. Many wars were fought in the past
either to spread particular religions or destroy rival faiths. Most notorious among them were
the French Wars of Religion, Roman conquests, Muslim invasions, Spanish invasions in
Asia, Europe, Africa and Latin America and the Indo- Pakistan War of 1947-48, etc. Millions
of people died in such wars, and entire nations were wiped out.
 Religious persecution: It refers to systematic ill-treatment of individuals or members of a
particular religious group due to their religious affiliation. Medieval India witnessed religious
persecution on a massive scale by Muslim rulers. Their persecution took on many forms,
including over taxation and reducing people to utter poverty. Millions of people died due to
the cruelty, violence and ill treatment perpetrated by the Muslim rulers in the subcontinent.
Religious persecutions were also practiced in Europe, Africa and Americas for a long time.
Subtle forms of persecution still happen in some parts of the world.
 Gender violence: Women and girl children have always been the victims of religious
violence. In the past, women proved to be the biggest victims of religious wars. They were
subject to rape, abduction, slavery, forceful marriages and killing as part of the political
strategy of the aggressors to establish political dominance through religious wars and
propagate their faith with impunity. In many Muslim majority countries, minority women are
still exposed to threats and personal harm by religious fanatics and extremists.
 Destruction of sacred places: This is one of notorious forms of religious violence which
involves the destruction of mosques, temples, etc. Such activities further incite violence
among the weaker religious groups. Destruction and desecration of religious places still
happen in many countries to intimidate minority groups or incite religious violence.
 Forced conversions: This is one of the major forms of religious violence. In the past, it was
mainly used to propagate faith against the will of people and secure their loyalty. Whole
nations were converted under the fear of punishment, death, discrimination, arbitrary
taxation, fines or persecution. In some cases, monetary rewards, social or political privileges
and other incentives were offered to the willing converts to set an example. Forced
conversions still take place in some parts of the world where minorities are targeted for such
conversions.
 False propaganda: This is a form of verbal violence, which includes spreading false and
negative information about opposing religions, their leaders, scriptures, traditions, beliefs and
deities to undermine their importance or influence. Its main purpose is to cast aspersions and
create doubt and confusion among people about their faith so that they could be swayed to
change their religion. False propaganda against rival religions still takes place with
missionary zeal in many countries often with the blessings of the highest religious authorities
and theocratic governments.
 Discrimination: Religious discrimination has been a persistent and pressing problem in
many parts of the world since ancient times. It is especially so in countries where one
religion has a clear advantage over the others with the largest following. Religious
discrimination is a subtle form of cultural, religious and even racial violence in which people
are discriminated because of their religious beliefs, race or nationality and subjected to social
and economic disabilities. It is a common practice in those religions which tend to
discriminate between believers and nonbelievers and subject the latter to unfair, unequal and
unjustified treatment.
 Religious extremism: This is the most overt and extreme form of religious violence, which
is used by overzealous individuals to establish dominance or express hostility and
disapproval. Religious people, who are deeply committed to their religions with ambitious
political aims often resort to it. They indulge in aggression and violent behavior as a counter
measure to protect their own faith or oppose others. As part of their strategy, they advocate
rigid adherence and loyalty to their traditional beliefs, scriptures, dogmas and doctrines to
preserve their faith, while offering strong resistance to those which they perceive as a threat.
Fanaticism, fundamentalism, terrorism and religious nationalism are its extreme forms. Some
of the most violent forms of religious crimes include like the suicide bombing of 9/11
 incident where 2000 people were killed by the hijackers who were following Osama Bin
Laden’s teachings, the Godhra train incident, Daesh genocide against the religious minorities
in Syria and Iraq, etc.
2.2 CAUSES OF RELIGIOUS CONFLICTS/RELIGIOUS CRIMES

Religions are meant to promote peace and harmony. They are supposed to elevate human
character and consciousness to the level of God and bring out the best of the humanity. Yet,
many times they end up doing the opposite. Instead of alleviating the suffering of people and
providing them with solace, they often cause violence and bloodshed. Many religious wars were
fought in the past. Even today, religions are major sources of disturbance and conflicts in various
parts of the world. We have to then wonder why religions are so destructive and why they divide
people, and cause them such harm.

Religiously motivated crimes are common in both developed and developing countries. The vast
majority of religions promote peace and harmony, but because different religions' followers
interpret their teachings differently, wars, hate crimes, and other similar events can occur on
occasion. People continue to believe that religion is the primary source of social stress in the
twenty-first century. The following factors seem to be directly or indirectly responsible for
religious violence.

 Scriptures: Religious scriptures may incite violence or violent behavior if they seem to
condone certain forms of aggression and behavior as virtuous or if they contain explicit or
implicit information, which encourages such behavior with the promise of heavenly rewards
or an eternal life. Because of them, some people may feel motivated to be part of God’s war
against evil.
 Beliefs: Certain rational and irrational beliefs which are reinforced or justified by the
scriptures, tradition or precedence, may strengthen or promote aggressive behavior. For
example, the belief that a person who dies in the battlefield or for a religious cause goes
straight to heaven encourages many to participate in religious wars or extreme forms of
religious violence. Because of such beliefs some people feel encouraged to indulge in
violence against nonbelievers, or those who lead unconventional lifestyles.
 Politics and political organization: The government and political parties promote hatred by
propagating a particular religion. This creates insecurity in the mind of a minority religion in
 that country and hence they tend to commit crimes. In democratic, secular countries such as
India, the United States of America, Italy, Canada, and Russia, political parties use the
divide-and-conquer strategy. This law is intended to polarize and inflame religious
differences among its intended audience One of the worst examples was the partition of India
in 1947 in which millions of people died both in India and Pakistan due to communal
clashes. In theocracies religious violence is used by rulers to enforce obedience, loyalty and
discipline. Certain political ideologies also tend to discriminate religious people for their
beliefs and values and create resentment and hostility.
 Economic interests: Wide disparities in incomes or standards of living among religious
groups or the discriminatory policies of governments which seem to favor certain religious
groups against others, may lead to violence and civil unrest. Religious propagation was the
main driving force behind the colonial and imperial policies of the European nations until the
Second World War. They openly encouraged discriminatory policies and religious
propagation to subdue native populations.
 Community interests: Religious violence may result if the interests of one community are
threatened or undermined by another community, an inimical ideology or political
leadership, especially when the community seems to be disproportionately enjoying higher
status, power or privileges. When community interests are threatened, aggressive elements
within in the community may rise in protest to protect them. In turn, it may create a counter
reaction in other communities and provoke the extreme elements within them to register their
feelings and concerns.
 Exploitation: Religions and their emotional appeal have often been used by vested interests
to exploit others by appealing to their sentiments and religiosity. For example, in almost
every country weaker sections of society have been traditionally exploited by privileged
classes in the name of religions, God, virtue, fate and service. When such exploitation
becomes intolerable, people may rise in unison against the established authority to express
their anger as it happened in France in the 18th Century or in the USSR in the 20th century.
 Ideology: Secular ideologies, which seem to oppose or undermine religious groups or
conventional beliefs, traditions and practices, may create deep divisions within society and
lead to social and political or civil unrest. Ideological conflicts, coupled with propaganda and
misinformation by secular institutions against conventional beliefs and practices, are a major
 source of conflict and unrest in many democratic and socialist countries. From the above it is
apparent that while religions are responsible for the violence they cause, the problem also
partly rests with the people who practice them or oppose them as they misuse their religious
affiliation or beliefs to indulge in violence or aggression. In many instances, such evil
behavior is due to their ignorance or extreme loyalty and attachment. Instead of practicing
their religions to improve themselves or spread peace and happiness, they rally people
against others and draw them into conflicts for domination and suppression. Ignoring the
highest values, which are enshrined in their scriptures and selecting information or passages
from the same scriptures to justify their evil actions, they violate the very principles which
their religions seem to uphold.
 Poor implementation of Secular laws – The concept of ‘Secularism’ is very popular in
many democratic countries of the world. Many countries constitution has clearly stated
secularism as one of the objectives of the Preamble. Due to political interference, religious
laws dominate over these secular laws and leads to violence.
 Ineffective handling of crimes – This is an indirect factor leading to religious crimes. Most
of the religious crimes go unreported and no proper action is taken against the perpetrators of
crime.
 Religious intolerance – In countries like Ethiopia which is known for its diversity, it is
presumed that the people of different religions are tolerant of each other. In reality, it is the
lack of religious tolerance and varying views which creates tensions between them.

RELIGIOUS CRIMES IN DEVELOPED COUNTRIES

It is often presumed that in developed countries the crimes related to religion are less likely to
take place. In reality, just like the developing countries, they too experience the menace of
religious crimes. In the United Kingdom, the prevalence of Islamophobia is a threat to minority
Muslim communities. There is unfounded hostility towards the Muslims and various hate crimes
like mosque invasions, threatening letters, and throwing pork-related products in the mosque
takes place. The Muslim women in the name of religion are targeted and subjected to brutality.
One such example is a pregnant lady being beaten up to an extent, causing miscarriage. Another
developed country namely the United States of America has also seen a rise in hate crimes. The
statistics on Religious hate crimes reported that one out of every five hate crimes targeted
someone because of their religion. Out of the total religious-based offenses, 60.3% were anti-
Jewish and 13.3% were anti-Islamic. Most of the hate crimes even go unreported and statistics
given by the FBI are unclear.

Another incident that raises concern over the issue of Islamophobia is the Christchurch terror
attack that took place in Australia, killing 49 people in New Zealand mosques. This has created
fear and tension in the mind of minority Muslims. According to the study conducted by the NSW
Police Force, it reported that majority of hate crimes were religious-based targeting Muslims.
They were in the form of verbal abuse, vandalism, assault, discrimination, and so on. In China
too, there has been exploitation and forcible conversions of minority religions like the Tibetan
Buddhists, Uighur Muslims, etc. Such violence is also seen in other developed countries.

RELIGIOUS CRIMES IN DEVELOPING COUNTRIES

The first example that strikes us is our own Country Ethiopia, which is known for its diversity.
We come across instances of religious violence most notably, it involves the Christian-Muslim
fights like the famous gonder grave land case, the Meskel Adebabay iftar Incident which
sparked tensions between the two groups. Similarly, in countries like India, Syria and Iraq, there
have been mass killings, physical abuse, rape, sexual violence, and extortion against religious
minorities. Religious crimes can occur in the form of simplest discrimination and denial of
rights. In Pakistan, there is bias against the minority Hindus, Christians, Sikhs and they are
falsely accused of derogatory remarks. There have been attacks on worshippers, churches, and
Ahmadi mosques. The Christians feel the need for protection due to the increasing hate crimes
that take place against them in Israel. The extremist groups, whether it is the Jews or the
Muslims, preach hatred towards Christianity through education or political propaganda. Even the
commission on Human Rights has heard several cases regarding religious discrimination and
hate crimes in developing countries.

Previous Legal response to religious crime

 Secularism
Response to many religious crimes in the world, different legislations were formulated in the
history of mankind. Secularism has been practiced since ancient times, with limited secularism in
Ancient Greece and Muslim-majority states during the Islamic Golden Age. George Holyoake
coined the term in 1851 to describe a stance advocating conducting life based on naturalistic
considerations without rejecting religion. Secularism as a moral statement and the secular as "an
epistemological category" have existed since the 1640 Peace of Westphalia, sometimes known as
the "peace of exhaustion." After World War II, the League of Nations' 4 strategy of protecting
religious freedom failed due to its lack of implementation and Hitler's exploitation of it as a
justification for the invasion of Poland and the outbreak of the Second World War.5

From inception, the principles of secularism are aimed mainly at achieving the separation of the
temporal order from religious influence. This mainly indicates that secularism originated at a
point when religion and socio-political life were not separated. It originated around the 14th
century when political, economic and religious changes occurred within the Christian culture. It
was ultimately directed at a political end. To this end, secularism is said to be neutral”. It is
neither a dogma nor a doctrine. If anything, it is an abstention. Secularism abstains from favoring
one religion over another or favoring atheism over religious belief. It is a political principle that
aims at guaranteeing the largest possible coexistence of various freedoms.

Secular state is not one characterized by religious indifference, or rational ethics or political
toleration. It is a complex arrangement of legal reasoning, moral practice, and political authority.
This arrangement is not the simple outcome of the struggle of secular reason against the
despotism of religious authority.6

Secularism can be understood in two broad senses, in one sense, asserts right to freedom from
the rules and teachings of religion as well as and in another sense freedom from the imposition of
religion upon the people by any government. It advocates neutrality on matters of belief within a
state and dissuades state privileges to religion. In the other sense, secularism projects that human
decisions and activities, especially political ones, should be based on empirical realities devoid

4
F. P. Walters, A history of the League of Nations, 1952, Vol. 1, Oxford University Press, p. 446–468.
5
J. Morsink, The Universal Declaration of Human Rights: origins, drafting and intent, Philadelphia, 1999,
University of Pennsylvania Press, p. 27.
6
Talal Asad, Formations of the Secular: Christianity, Islam, Modernity (2003) Stanford University Press,
(California), p. 255.
of any religious or supernatural bias. Secularism is a conceptual complex that, whether viewed as
an attitude or a practice, defiles a simple or central definition.

Evolution and progress of secularism in many countries of the world produce the problem of
deciphering between official and practical state secularism in those countries. Hence, not all
constitutionally secular states are completely secular in practice. Also many states that are
currently secular in practice may have memories of earlier established religion, been as
secularism has various guises which may coincide with some degree of official religiosity. For
instance: In France many Christian holy days are official holidays for the public administration,
and teachers in catholic schools are salaried by the state. In India, the government gives subsidy
in airfare for Moslems going on Haj Pilgrimage. In the Commonwealth Realms, the Head of
State is required to take the coronation Oath swearing to uphold the protestant faith. The United
Kingdom also maintains positions in its Upper House for 26 senior clergymen of the established
church of England known as the Lords Spiritual.

Some processes for the secularization of the state include, granting religious freedom, stopping
public funds to be used for a religion, non-establishment of state religions, opening up the
education system, freeing the legal system from religious control, effecting religious tolerance,
and allowing political leadership devoid of religious affiliations.

Modern International And Regional Legal Frame Works

Freedom of religion has been used to refer to tolerance of different theological systems of belief.
The United Nations Charter, drafted in 1945, states that its purpose and principles are to achieve
international co-operation in solving international problems of an economic, social, cultural, or
humanitarian character, and to promote and encourage respect for human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion. The Universal
Declaration of Human Rights (UDHR) states that everyone has the right to freedom of thought,
conscience and religion, including freedom to change their religion or belief and to manifest their
religion in teaching, practice, worship and observance.

The Universal Declaration refers to individual rights, except Article 26 7, which does not establish
a right but refers to a duty to promote tolerance between religious groups. The International
7
Article 26(2): ‘Education shall … promote understanding, tolerance and friendship among all nations, racial or
religious groups.’
Covenant on Civil and Political Rights (ICCPR) 8 states that everyone has the right to freedom of
thought, conscience and religion, including freedom to have or to adopt a religion or belief of
their choice, and freedom to manifest their religion or belief in worship, observance, practice and
teaching. Freedom to manifest one's religion or beliefs may be subject to such limitations as are
necessary to protect public safety, order, health, or morals. States Parties to the present Covenant
also have respect for the liberty of parents and legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions.

Article 27 of the ICCPR9 accords specific rights to members of religious (and other) minorities,
but is carefully worded so that individuals are still the bearers of the rights it accords. The
International Covenant on Economic, Social and Cultural Rights (ICESCR) mandates that all
rights must be exercised without discrimination on certain grounds, including religion.

Collective rights appear in Article 1 of the Declaration on the Rights to Development 10 and
Article 27 of the ICCPR, which states the right of persons belonging to ethnic, religious or
linguistic minorities to enjoy their culture, process and practice their religion and language. The
Human Rights Committee has stated that this is an individual right, but may give rise to a state
duty towards a minority to protect its identity.

The 1981 UN Declaration on the Elimination of All Forms of Intolerance and Discrimination
Based on Religion and Belief is the most detailed international instrument on religious rights and
freedoms to date. The Declaration is stated in terms of individual rights, but elaborates on
recognition of rights which are individual but exercised communally, such as the rights to
worship or assemble in connection with religion, to teach religion or belief, to train and appoint
leaders, and to communicate with other communities in matters of religion. Article 5 protects the
most intimate one, the family, and the right to change one's religion or belief was omitted in the
Declaration. This omission is more a concession to expediency than principle, as the right was
preserved in the UDHR and the international human rights covenants. Non-discrimination is
partially protected by customary law, while all other aspects of religious freedom are not.

8
Article 2.
9
Article 27: ‘In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use their own language.’
10
UNGA Res. 41/128 (1986).
The UN Declaration on Persons Belonging to National, Religious and Linguistic Minorities 1992
11
recognizes the rights of individuals belonging to religious (and other) minorities, but also states
must protect the religious identity of minorities. The individual character of the rights is retained
and reinforced by the explicit right of minority members to choose to exercise their right either
individually or in community with others. The Declaration provides that no disadvantage shall
result for any person belonging to a minority as the consequence of the exercise or non-exercise
of the rights, but it is not clear if it is the state that may not cause such disadvantage or if the
minority groups itself may not disadvantage the individual for his choice. The newly adopted UN
Declaration on the Rights of Indigenous Peoples differs from existing UN instruments in that it is
worded in the language of group rights. Article 34 declares that indigenous peoples have the
right to promote, develop and maintain their institutional structures and their distinctive customs,
spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems
or customs.

The right to freedom of religion is recognized in regional human rights instruments, but different
formulations indicate different perceptions of it. Latin-American constitutions grant rights to
immigrants on the premise of assimilation, while the Proposed American Declaration on the
Rights of Indigenous Peoples and the American Convention on Human Rights 12 protect religious
freedom as a right of the individual.

The African Charter on Human Rights and Peoples' Rights includes the right to freedom of
religion,13 which is qualified under the condition of 'subject to law and order'. This gives the state
considerable scope to restrict religious freedom, but does not mean that Article 8 cannot be
effectual.

11
UNGA Res. 47/135 of 18 December 1992.

12
Article 12 of the American Convention on Human Rights, 22 November 1969, 1114 UNTS 123: 1. Everyone has
a right to freedom of conscience and religion. This right includes freedom to maintain or to change one’s religions or
beliefs, and freedom to profess or disseminate one’s religion or beliefs, either individually or together with others, in
public or in private. 2. No one shall be subject to restrictions that might impair his freedom to maintain or to change
his religion or beliefs. 3. Freedom to manifest one’s religion and beliefs may be subject only to the limitations
prescribed by law that are necessary to protect public safety, order, health or morals, or the rights or freedoms of
others. 4. Parents or guardians, as the case may be, have the right to provide for the religious and moral education of
their children or wards that is in accord with their own convictions.
13
Article 8: ‘Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may,
subject to law and order, be submitted to measures restricting the exercise of these freedoms.’
In Europe, two legal frameworks protect human rights: the European Convention for the
Protection of Human Rights and Fundamental Freedoms 14 and the European Union's non-legal
instruments of the Conference on Security and Cooperation in Europe. The European
Convention guarantees a right of religious freedom in Article 9, 15 a right to equality in protection
of religious freedom is granted in Article 14, 16 and a general prohibition on discrimination on any
right in law is included in Protocol 12 Article 1 to the Convention. 17 The 1975 Final Act18 and the
1989 Concluding Document of the Vienna Follow-up Meeting of Representatives of the
Participating States refer to the rights of religious communities in Principle 16. Part IV
recognizes rights of national minorities, including the rights to religious identity, maintenance of
religious institutions, and the right to profess and practice their religion. 19 The right to religious
identity is accorded to national minorities, while no separate mention is made of religious
minorities.

While international law does not explicitly prescribe any particular form of State-religion
relationship, the State must act as an impartial guarantor of freedom of religion rights for all. In
practice, what facilitates this outcome is for the State to adopt a position of ‘respectful distance’
towards religion or belief, rather than rejecting or embracing religion or belief. Evidence shows
that religious rights are most frequently violated where the State is either closely entangled with
religion or is hostile towards religion. Blasphemy laws and coercive measures based on religious
doctrine could suppress the rights of all, particularly those of women, dissenters and minorities.
In the latter case, ideological commitments to secularization could suppress a range of
fundamental freedoms of everyone.

14
Adopted 4 November 1950, 213 UNTS 221.
15
Article 9 states:
(1) Everyone has the rights to freedom of thought, conscience and religion; this right includes freedom to change his
religion or belief and freedom either alone or in community with others and in public or private, to manifest his
religion or belief, in worship, teaching, practice and observance.
(2) Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law
and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or
morals, or for the protection of the rights and freedoms of others.
16
Article 14 states that: ‘the enjoyment of rights and freedoms set forth in this Convention shall be secured without
discrimination on any grounds such as … religion.’
17
It states: ‘(1) The enjoyment of any right set forth by law shall be secured without discrimination on any ground
such as sex, race … religion … (2) No one shall be discriminated against by any public authority on any ground
such as those mentioned in paragraph 1.’
18
Final Act of the Conference on Security and Co-operation in Europe (adopted 1 August 1975) 14 ILM 1292.
19
Article 32.
In recent times, many of the most pernicious manifestations of intolerance and consequential
violations of the right to freedom of religion or belief have been carried out by non-State actors.
Attacks on synagogues, churches, mosques and other places of worship and the terrorization of
minorities in the name of religion or belief or because of their religious identity have become a
global challenge to which no country or community appears to be immune. Implicated in these
attacks are religious extremists and far-right groups who may be mobilized to do so through
incitement to violence, hostility and discrimination towards dissenters and those who are
perceived to be different. To protect the right to freedom of religiom, UN member States have a
duty to protect individuals from discrimination by third-party non-State actors, including threats
stemming from ‘religious’ vigilante groups and terrorist groups. Yet non- State actors operate
with impunity in States with poor rule of law and are empowered by laws and policies that
discriminate against religious minorities. Even if a State does not explicitly discriminate against
minority religious groups, sectarian policies empower religious-political extremists to act
without fear of reprisal.
A challenge for the international community
Combating discrimination and other forms of intolerance against persons based on religion or
belief has been a primary objective for the international community for decades but at a national
level, many States have responded to violence in the name of religion by ‘securitizing’ human
rights. For example, unjustified charges of “extremism” are increasingly used by authoritarian
regimes to hinder the freedom of religious groups that are not favored by those in political
power. Some States have officially instituted discriminatory practices that intentionally or
unintentionally target individual adherents, or groups of persons of a particular faith they
perceive to be predisposed to terrorist or other violent acts. While international human rights law
allows, with high thresholds, for certain limitations related to the manifestation of one’s religion
or belief (often referred to as forum externum), any and all limitations must be the exception, not
the rule.
A more insidious threat to freedom of religion right from non-State actors includes false
invocations of ‘religious liberty’ for political ends. The right to hold and express one’s beliefs
should not be conflated with a non-existent right to arbitrarily discriminate against people on the
basis of their gender, sexual orientation, or religious identity. Such discrimination is indeed
prohibited under international law. The right to freedom of religion can serve as a shield to
protect religious institutions from attack and allow for the freedom of all beliefs to flourish not a
sword to cause harm to others. Many religions have formal doctrines that reflect a negative
perspective on same-sex sexuality. Yet religious leaders’ views do not always coincide with the
formal doctrines, and religious leaders can also be instrumental in promoting social acceptance
of same-sex sexuality and gender nonconformity responses.

In recent years, the international community has increasingly focused on manifestations of

intolerance involving religion or belief, including discrimination, hostility or violence, and
incitement thereto, resulting in a number of key developments.