International Humanist and Ethical Union
Joint statement with the Association for World Education

UN HUMAN RIGHTS COUNCIL: 10th Session (2 – 27 March 2009)
Speaker: IHEU Main Representative, Roy Brown: Monday 16 March 2009

Item 3: The Elimination of Discrimination Based on Religion or Belief

Thank you Mr President.

We welcome the report by the Special Rapporteur on Freedom of Religion and Belief, Ms Asma Jahangir, and applaud the emphasis she places on the need for interreligious dialogue, and her recommendation that such dialogue should be as inclusive as possible, involving atheists, non-theists and religious minorities.

But, Mr President, dialogue can only be possible in an atmosphere of honest and open debate. Once any matter is considered off limits, or worse, when one set of beliefs is considered defamatory or blasphemous by followers of another, there can be no progress, no meeting of minds. In matters of faith there can be no absolute certainty. Indeed, if certainty existed there would be no need for faith. When beliefs differ, therefore, there is no alternative but to agree to differ.

A problem can arise, however, when the beliefs of one party, and the actions that arise from those beliefs, adversely affect the human rights of others.

There is a view we have heard expressed in this Council that certain subjects cannot be discussed here, even matters which negatively affect the human rights of others; that religious sensitivities can trump the discussion of human rights.

Yet, as the previous High Commissioner for Human Rights, Louise Arbour pointed out: rightly understood, there is no conflict between freedom of religion and freedom of expression. The limits to freedom of expression set out in articles 19 and 20 of the ICCPR already prohibit incitement to hatred or violence of any kind, including religious hatred. Nevertheless, some States continue to insist that certain forms of expression – what they call “defamation of religions” – adversely affect the religious freedom of others. But while many people might find criticism or even ridicule of their beliefs offensive, it in no way affects their right to believe, to worship or to practise their religion.

As many delegations have pointed out, defamation of religion has no place in human rights discourse. Religious sensitivities cannot and must not be permitted to inhibit the promotion and protection of Human Rights.

Mr President, criticism of religion or of any religious practice, while it may be painful to believers, does not detract from their human rights. There is no right not to be offended. But it is necessary to have protection for the right to freedom of expression precisely because of its power to offend.

As the world has seen far too often, once freedom of expression is curtailed, tyranny is never far behind.

Thank you, sir.