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implications of these understandings is a legal dimension to tolerance. ln-
in the varying jurisdictions, and while deed, in order to promote tolerance,
different societies are better suited to
determine what are the legitimate re- governments should enforce human
strictions on these rights, this paper rights, ban hate crimes and discrimi-
will argue that dignity musr be at the nation in all sectors of society, as well
core of our understanding of human
rights in general and particularly the as ensure equal access to justice in
rights of freedom of belief and free- order to avoid the resort to violence.(')
dom of expression. This may ensure
that any restrictions will first and Because there has been some critique
foremost take into account different of the concept of tolerance,(r) it must
forms of harm that can be caused to be made clear what tolerance is noq
marginalized communities in the ex-
ercise of freedom of expression and it "is not concession, condescension
or indulgence" and cannot be "used
religion.
to justafy infringements" of the funda-
The Limits of Tolerance, the mental values of human righm.(+)
Scope of Rights Th us, tolerance necessitates the
protection of people's right to be dtf-
The idea of tolerance of as a gov- ferent, and these differences may be
erning principle is not new. lndeed, manifested in an individua! or com-
the Preamble of the United Nations munity's exercise of the freedom of
Charter declares the intention of the religion and the freedom of expres-
signatories to "practise tolerance and
Iive together in peace with one an- sion. ln addition to the UDHR, the
other as good neighbors." At its core
right to freedom of religion and belief
"harmony in diversity, achieved can also be found in the lnternational
through mutual respect and under- Covenant on Civil and Political Rights
standing" -tt) it is a moral driver, but
as we saw in the aforementioned UN- 2- United Nations Educationa!, Scientific
ESCO Principles on Tolerance, there and Cultural Organization, "Promoting
Tolerance," UNESCO: Social and Human
1- UNESCO, Declaration of principles and Sciences, accessed April 17, 2019, http:l I
www.u nesco.o rgl new len /social-and-
follow-up plan of action for the United
h u man -sciences/themes/fi ght-agai nst-
Nations Year for Tolerance, Executive di scri m i nation / promori ng-tolerance/.
3- Slavoj ZaLek, "Tolerance as an tdeological
Board, Cenera! Conference, 147th session, Category," Critical Inqairy 34, no. a Q}OS):
147 EXl15, September 1995, paragraph 19 660-82.
4- UNESCO, Declaration on Principles of
Tolerance, Twenty-Eighth Session of the
Ceneral Conference, 16 November 1995,
Article 1.2
Dr. Jinan Bastaki