Page 42 - مجلة الدراسات القضائية
P. 42

sonably, belief systems, opinions, and           th e negative stereotypi ng of person s.(')
institutions, as long as this does not
amount to advocating hatred against              Resolution HRC 16118 was adopted

an individua!.(')                                without a vote.(3)

   This seems to be in reference to the             lndividual states interpret these
Organization of lslamic Cooperation
                                                 rights in their own way. Most famous-
(OlC) resolutions submitted to the
                                                 ly, in France, secularism is a founda-
United Nations Human Rights Coun-
cil. Between 1999 and 2010, the OIC              tional principle of the State and thus
submitted annual resolutions that
urged states to prevent the "defama-             restricts forms of religious expression

tion of religion"; this resolution re-           in public. According to the French

stricted the right to criticize religious        Covernment, in the arena of public
figures and symbols, and each year it            service, "employees and agents are
passed. However, there was much re-
sistance from the United States and              not allowed to manifest their reli-
Northern European countries for                  gious, political or philosophical be-

what they perceived to be a threat               liefs by signs, clothes or proselytism."(a)
to the freedom of religion and free-
                                                 The Law of t 5 March 2004 prohibited
dom of expression, and indeed what
they saw as leading to a weakening of            all clothing or other attire display-
tolerance rather than strengthen ing             ing religious worship to be worn in
it. Thus, in 2011, the OIC submitted             schools, which appears to be a fun-

to the UN Human Rights Counci! a                 damental restriction upon both the
resolution on'Combating intoler-
                                                 freedom of religion and the freedom
ance, negative stereotyping and stig-
                                                 of expression. While France sees that
matization of, and discrimination,               these restrictions enable peaceful

incitement to violence and violence              2- Under paragraph 9 of HRC Resolution
against persons based on religion or
belief.' This resolution shifted the fo-            72008) 191),States were urged to provide
cus from a defamation of religion to                "adequate protection against acts of
                                                    hatred, discrimination, intimidation and
1- Mogens Schmidt, "Limits to the Restrictions      coercion resulting _fro* the defamatioru of
                                                    dnJ religion"; whereas resolution 16181
  to Freedom of Expression-Criteria and             2011)) emphasized "the need to combat

   Application," Religion dv Human Nghts 5, no.    denigration and negative religious
   z-3 (lanuary 2010).                             stereotyping of persons" (paragraph 5);

                                                     emphasis added.

                                                 3- Human Rights Council resolution 16181 of
                                                     24 March 2011

                                                 4- The French Republic, "Freedoms and
                                                   Prohibitions in the Context of 'Latcit6'
                                                    (Constitutional Secularism)," n.d., l,https:l I

                                                    www.go uvernem en t.frlsi tes/defa u I t/fi les/
                                                    con ten u/ piece-jointe/ 201702// libertes-
                                                     et_i n terd i ts_en g.pdf.

Freedom of Retigion, Limits on Hate Speech, and Promoting Toterance: A Comparative Study
   37   38   39   40   41   42   43   44   45   46   47