Draft resolution
1The Parliamentary Assembly is concerned about the
increasing occurrence of violent attacks against religious communities
throughout the world. It notes that there is not only physical,
but also psychological violence against persons because of their
religion and it condemns such violence in unequivocal terms.
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 1, in the first sentence, replace the words "against religious communities throughout the world" with the following words:
"against religious communities and individuals throughout the world on the basis of their religion or belief" ;
and in the second sentence, after the word "religion" insert the following words:
"or beliefs".
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
Replace the title of the Resolution with the following words:
"Safeguarding human rights in relation to religion and belief".
Tabled by the Committee on Political Affairs and Democracy
In amendment 21, after the word "belief", add the following words:
"and protecting religious communities from violence".
2The Assembly recalls that freedom of thought, conscience and
religion are universal human rights enshrined in Article 9 of the
European Convention on Human Rights (ETS No. 5) and Article 18 of
the Universal Declaration of Human Rights, which every member State
of the United Nations has committed to uphold: “Everyone has the
right 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 teaching, practice, worship
and observance.”
3The Assembly also wishes to draw attention to Article 18 of
the 1966 International Covenant on Civil and Political Rights and
to the 1981 United Nations Declaration on the Elimination of All
Forms of Intolerance and of Discrimination Based on Religion and
Belief; moreover, it reaffirms the utmost importance of the autonomy of
religious communities and of their separation from the State, as
well as of the neutrality and impartiality of the State on religious
matters.
4The Assembly has consistently drawn attention to the importance
of upholding freedom of conscience and of religion, which can only
be subject to the limitations that are necessary in a democratic
society. The following texts are relevant in this context: Recommendation 1162 (1991) on the contribution of the Islamic civilisation to European
culture; Recommendation
1396 (1999) on religion and democracy; Recommendation 1720 (2005) on education and religion; Resolution 1464 (2005) on women and religion in Europe; Resolution 1510 (2006) on freedom of expression and respect for religious beliefs; Recommendation 1804 (2007) on State, religion, secularity and human rights; Resolution 1535 (2007) on threats to the lives and freedom of expression of
journalists; Resolution
1580 (2007) on the dangers of creationism in education; Resolution 1605 (2008) and Recommendation
1831 (2008) on European Muslim communities confronted with extremism; Recommendation 1805 (2007) on blasphemy, religious insults and hate speech against
persons on grounds of their religion; Resolution 1743 (2010) and Recommendation
1927 (2010) on Islam, Islamism and Islamophobia in Europe; and Recommendation 1957 (2011) on violence against Christians in the Middle East.
5It recalls, in particular, Resolution 1510 (2006) on freedom of expression and respect for religious beliefs, in
which it stated that “freedom of expression as protected under Article
10 of the European Convention on Human Rights should not be further
restricted to meet increasing sensitivities of certain religious
groups”. It emphasises that, as a general rule, freedom of expression
should not be restricted to meet the sensitivities of any group
in a democratic society.
Tabled by Ms Pelin GÜNDEŞ BAKIR, Mr Şaban DİŞLİ, Mr Ahmet Kutalmiş TÜRKEŞ, Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Ms Sahiba GAFAROVA
In the draft resolution, after paragraph 5, insert the following paragraph:
"Caricatures and films ridiculing or insulting a religion is not freedom of expression but quite the contrary an indication of intolerance and xenophobia. The aim is to provocate the believers of that religion. These types of acts do not contribute to world peace or the world's intellectual heritage, do not add anything positive to any society except for segregation and hurt. The Parliamentary Assembly of the Council of Europe calls on all member states to ensure respect for all religious and sacred symbols, religious figures, holy books, Prophets and God, as the opposite deeply hurts the devout believers of a religion, who can believe that their identity and community is being victimized if their religion or its sacred symbols are subjected to public ridicule or vilification. This offence should be considered within the framework of 'hate crimes'."
Tabled by the Committee on Migration, Refugees and Displaced Persons
In the draft resolution, after paragraph 5, insert the following paragraph:
"The Assembly condemns any instances of negative stereotyping of persons based on religion as well as the advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence."
6The Assembly also wishes to insist on the need to combat all
forms of religious fundamentalism and of manipulation of religious
beliefs, which are so often the cause of present-day terrorism.
Education and dialogue are two important tools that can contribute
towards the prevention of such negative and dangerous trends.
Tabled by Mr Şaban DİŞLİ, Mr Mevlüt ÇAVUŞOĞLU, Mr Ahmet Kutalmiş TÜRKEŞ, Ms Ganira PASHAYEVA, Ms Tülin ERKAL KARA
In the draft resolution, paragraph 6, replace the words ", which are so often the cause of present-day terrorism" with the following words:
"for terrorist purposes".
7While it is generally accepted that religious communities
are better protected in Europe than in Africa, Asia and the Middle
East, there are still problems being reported in Council of Europe
member States.
(If adopted, amendments 9, 11 falls)
Tabled by Ms Pelin GÜNDEŞ BAKIR, Mr Şaban DİŞLİ, Mr Ahmet Kutalmiş TÜRKEŞ, Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Ms Sahiba GAFAROVA
In the draft resolution, delete paragraph 7.
(Falls if amendment 2 is adopted)
Tabled by Mr Márton BRAUN, Mr Gergely GULYÁS, Mr Ferenc KALMÁR, Mr Pedro AGRAMUNT, Mr Giorgi KANDELAKI, Ms Carmen QUINTANILLA
In the draft resolution, at the end of paragraph 7, insert the following words:
"In some member states in particular, recent constitutional reforms raise serious concerns with regard to their compatibility with Article 9 of the European Convention on Human Rights"
(Falls if amendment 2 is adopted)
Tabled by Lord Donald ANDERSON, Sir Christopher CHOPE, Lord John E. TOMLINSON, Dame Cheryl GILLAN, Mr Jim DOBBIN
In the draft resolution, at the end of paragraph 7, insert the following words:
"The Assembly accepts that, if we are to be credible in our representations to non-member countries, such problems must be recognised, confronted and eliminated."
8 The Assembly therefore calls on member States to:
Tabled by Lord Donald ANDERSON, Sir Christopher CHOPE, Lord John E. TOMLINSON, Dame Cheryl GILLAN, Mr Jim DOBBIN
In the draft resolution, after paragraph 8, insert the following paragraph:
"The Assembly further urges those non-member states which have the status of Partners for Democracy, to move steadily to acceptance of the above principles and values and resolves to monitor their compliance."
8.1reaffirm that respect of human
rights, democracy and civil liberties is a common basis on which they
build their relations with third countries, and ensure that a democracy
clause, incorporating religious freedom, is included in agreements
between them and third countries;
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, before paragraph 8.1, insert the following paragraph:
"ensure equality of treatment before the State and public authorities of all individuals and communities regardless of religion, faith or non-religious beliefs;"
8.2take account of the situation of religious communities
in their bilateral political dialogue with the countries concerned;
Tabled by Mr Márton BRAUN, Mr Axel FISCHER, Mr Gergely GULYÁS, Mr Ferenc KALMÁR, Mr Pedro AGRAMUNT, Mr Giorgi KANDELAKI, Ms Carmen QUINTANILLA
In the draft resolution, at the end of paragraph 8.2, insert the following words:
"in particular those countries in which blasphemy laws are in force".
8.3reaffirm that freedom of religion, conscience and belief
is an essential part of the European human rights system guaranteed
by the European Convention on Human Rights;
8.4comply with their commitments and obligations to guarantee
the full enjoyment of this fundamental right;
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, after paragraph 8.4, insert the following paragraph:
"note the particular status of women and girls in many traditional religious settings and to protect women and girls and to ensure that religion can never be invoked to justify violence against women, such as honour killings, bride burning, forced marriages, female genital mutilation, even by members of their own religious communities;"
8.5promote, both at national and Committee of Ministers level,
a policy which takes into consideration the question of the full
respect for, and the effective protection of, the fundamental rights of
religious minorities in foreign relations;
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 8.5, replace the words "religious minorities" with the following words:
"minorities defined by their religion or belief".
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, after paragraph 8.5, insert the following paragraph:
"ensure that the religious beliefs and traditions of individuals and communities of the society are respected, while guaranteeing that a due balance is struck with the rights of others in accordance with the case law of the European Court on Human Rights;"
8.6accommodate religious beliefs in the public sphere by
guaranteeing freedom of thought in relation to health care, education
and the civil service;
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, at the end of paragraph 8.6, add the following words:
"provided that the rights of others to be free from discrimination are respected and that the access to lawful services is guaranteed;"
8.7ensure the right to well-defined conscientious objection
in relation to morally sensitive matters, such as military service,
in line also with various recommendations already adopted by the
Assembly;
Tabled by Mr Ferenc KALMÁR, Mr Miloš ALIGRUDIĆ, Mr David DAVIES, Mr Josep Anton BARDINA PAU, Ms Carmen QUINTANILLA
In the draft resolution, paragraph 8.7, after the words "such as military service", insert the following words:
"or other services related to health-care and education,".
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, at the end of paragraph 8.7, add the following words:
"provided that the rights of others to be free from discrimination are respected and that the access to lawful services is guaranteed;"
8.8in full respect of the values that are the very essence
of the Council of Europe, protect the liberty of parents, including in loco parentis, to ensure the
religious and moral education and teaching of their children;
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, replace paragraph 8.8 with the following paragraph:
"while guaranteeing the fundamental right of children to education in an objective, critical and pluralistic manner, respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions;"
8.9change their legal regulations whenever these go against
the freedom of association for religious groups and churches;
(If adopted, amendments 3, 23 falls)
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 8.9, replace the words "religious groups and churches" with the following words:
"groups (including churches) defined by their religion or belief".
(If adopted, amendment 23 falls)
(Falls if amendment 27 is adopted)
Tabled by Ms Pelin GÜNDEŞ BAKIR, Mr Şaban DİŞLİ, Mr Ahmet Kutalmiş TÜRKEŞ, Mr Samad SEYIDOV, Ms Sevinj FATALIYEVA, Ms Sahiba GAFAROVA
In the draft resolution, in paragraph 8.9, replace the word "churches" with the following word:
"places".
(Falls if amendments 27, 3 are adopted)
Tabled by Mr Şaban DİŞLİ, Mr Mevlüt ÇAVUŞOĞLU, Mr Ahmet Kutalmiş TÜRKEŞ, Ms Ganira PASHAYEVA, Ms Tülin ERKAL KARA
In the draft resolution, paragraph 8.9, after the word "churches", add the following words:
"and mosques".
8.10ensure the full respect of Article 9 of the European Convention
on Human Rights and that the freedom of religious communities is
respected and exercised within the limits of the law.
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, paragraph 8.10, after the words "the European Convention on Human Rights", insert the following words:
"and relevant jurisprudence by the ECHR since 1949".
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 8.10, replace the words "religious communities" with the following words:
"communities and individuals defined by religion or belief".
Tabled by the Committee on Migration, Refugees and Displaced Persons
In the draft resolution, after paragraph 8.10, insert the following paragraph:
"recognise the need to provide international protection for those seeking asylum due to religious persecution".
Tabled by the Committee on Migration, Refugees and Displaced Persons
In the draft resolution, after paragraph 8.10, insert the following paragraph:
"duly take into account the possible overlap between racism, xenophobia and religiouos hatred, keeping in mind that these phenomena are often directed against migrant communities."
9The Assembly further urges all States in which violence against
religious communities has occurred to:
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 9, replace the words "religious communities" with the following words:
"communities and individuals defined by religion or belief".
9.1unequivocally condemn not only attacks on innocent people,
but also the use of violence in general, as well as all forms of
discrimination and intolerance based on religion and beliefs;
Tabled by Mr Şaban DİŞLİ, Mr Mevlüt ÇAVUŞOĞLU, Mr Ahmet Kutalmiş TÜRKEŞ, Ms Ganira PASHAYEVA, Ms Tülin ERKAL KARA
In the draft resolution, paragraph 9.1, after the word "intolerance", add the following words:
", including hate speech,".
9.2pursue and reinforce their efforts to combat and prevent
such cases and bring to justice the perpetrators;
9.3promote correct and objective education about religions,
including those of minorities;
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 9.3, after the word "religions" insert the following words:
"and non-religious beliefs".
9.4actively support initiatives aimed at promoting the inter-religious
dimension of dialogue;
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 9.4, replace the words "inter-religious" with the following words:
"inter-cultural".
Tabled by the Committee on Political Affairs and Democracy
In amendment 31, before the word "intercultural", insert the following words:
"inter-religious and".
9.5ensure the effective protection of religious communities
and of their places of worship, including those of minorities;
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 9.5, replace the words "religious communities" with the words "communities and individuals defined by religion or belief";
and after the word "their" insert the following words:
"meeting places and".
9.6respect and protect the cultural heritage of the various
religions.
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 9.6, after the word "religions" add the following words:
"and non-religious beliefs".
10The Assembly calls on all religious leaders in Europe to condemn
attacks on religious communities and other faith groups, and to
accept the principle of equal respect for all human beings regardless
of their religion.
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 10, replace the words "religious leaders" with the words "religious, humanist and secularist leaders"; replace the words "other faith groups" with the words "other belief groups"; and after the word "religion" add the words "or belief".
Tabled by Mr Ferenc KALMÁR, Mr Miloš ALIGRUDIĆ, Mr David DAVIES, Mr Josep Anton BARDINA PAU, Ms Carmen QUINTANILLA
In the draft resolution, after paragraph 10, insert the following paragraph:
"The Council of Europe urges Member States where the restitution of church property is not yet concluded, to speed up this process and finish it in short or medium term. The process should not be negatively affected or influenced by any political ideology or government."
11Finally, the Assembly calls on the European Union to enhance
its monitoring of the situation of religious communities in its
political dialogue with non-member countries, and to link its European
Neighbourhood Policy, including financial aid, to the degree of
human rights protection, including that of freedom of religion, and
awareness in those countries.
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 11, replace the words "religious communities" with the words "communities and individuals defined by religion or belief".
(If adopted, amendment 36 falls)
Tabled by Mr Andreas GROSS, Ms Anne BRASSEUR, Mr Tiny KOX, Mr Mogens JENSEN, Ms Carina HÄGG, Ms Carina OHLSSON, Mr Mike HANCOCK, Ms Tina ACKETOFT, Ms Gülsün BİLGEHAN, Mr Robert BIEDROŃ, Mr Jonas GUNNARSSON, Ms Iwona GUZOWSKA
In the draft resolution, paragraph 11, delete the words "and to link its European Neighbourhood Policy, including financial aid, to the degree of human rights protection, including that of freedom of religion, and awareness in those countries".
(Falls if amendment 20 is adopted)
Tabled by Mr Michael CONNARTY, Mr Ian LIDDELL-GRAINGER, Mr Jim SHERIDAN, Dame Angela WATKINSON, Mr John PRESCOTT
In the draft resolution, paragraph 11, after the word "religion", insert the following words:
"and belief".