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Resolution 1928 (2013) Final version
Safeguarding human rights in relation to religion and belief, and protecting religious communities from violence
1. The Parliamentary Assembly is concerned
about the increasing occurrence of violent attacks against religious
communities and individuals throughout the world on the basis of
their religion or beliefs. It notes that there is not only physical,
but also psychological violence against persons because of their
religion or beliefs and it condemns such violence in unequivocal
terms.
2. The 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.”
3. The 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 or
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.
4. The 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.
5. It recalls, in particular, Resolution 1510 (2006), 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.
6. 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.
7. The Assembly also wishes to insist on the need to combat all
forms of religious fundamentalism and of manipulation of religious
beliefs for terrorist purposes. Education and dialogue are two important
tools that can contribute to the prevention of such negative and
dangerous trends.
8. While 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. 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. 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.
9. The Assembly therefore calls on member States to:
9.1. ensure equality of treatment
before the State and public authorities of all individuals and communities
regardless of religion, faith or non-religious beliefs;
9.2. reaffirm 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;
9.3. take account of the situation of religious communities
in their bilateral political dialogue with the countries concerned,
in particular those countries in which blasphemy laws are in force;
9.4. reaffirm 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;
9.5. comply with their commitments and obligations to guarantee
the full enjoyment of this fundamental right;
9.6. note the particular status of women and girls in many
traditional religious settings, 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 or forced marriages,
and female genital mutilation, even by members of their own religious
communities;
9.7. promote, both at national and Committee of Ministers level,
a policy which takes into consideration, in foreign relations, the
question of the full respect for, and the effective protection of,
the fundamental rights of minorities defined by their religion or
beliefs;
9.8. ensure that the religious beliefs and traditions of individuals
and communities of 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 of Human Rights;
9.9. accommodate religious beliefs in the public sphere by
guaranteeing freedom of thought in relation to health care, education
and the civil service provided that the rights of others to be free
from discrimination are respected and that the access to lawful
services is guaranteed;
9.10. ensure the right to well-defined conscientious objection
in relation to morally sensitive matters, such as military service
or other services related to health care and education, in line
also with various recommendations already adopted by the Assembly,
provided that the rights of others to be free from discrimination
are respected and that the access to lawful services is guaranteed;
9.11. 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;
9.12. change their legal regulations whenever these go against
freedom of association for groups (including religious communities
defined by their religion or beliefs);
9.13. ensure the full respect of Article 9 of the European Convention
on Human Rights and relevant jurisprudence of the European Court
of Human Rights and that the freedom of communities and individuals
defined by religion or belief is respected and exercised within
the limits of the law;
9.14. recognise the need to provide international protection
for those seeking asylum due to religious persecution;
9.15. duly take into account the possible overlap between racism,
xenophobia and religious hatred, keeping in mind that these phenomena
are often directed against migrant communities.
10. The Assembly further urges those non-member States whose parliaments
have the status of partner for democracy, to move steadily towards
acceptance of the above principles and values, and resolves to monitor their
compliance.
11. The Assembly further urges all States in which violence against
communities and individuals defined by religion or beliefs has occurred
to:
11.1. unequivocally condemn not
only attacks on innocent people, but also the use of violence in general,
as well as all forms of discrimination and intolerance, including
hate speech, based on religion and beliefs;
11.2. pursue and reinforce their efforts to combat and prevent
such cases and bring to justice the perpetrators;
11.3. promote correct and objective education about religions
and non-religious beliefs, including those of minorities;
11.4. actively support initiatives aimed at promoting the interreligious
and intercultural dimension of dialogue;
11.5. ensure the effective protection of communities and individuals
defined by religion or beliefs and of their meeting places and places
of worship, including those of minorities;
11.6. respect and protect the cultural heritage of the various
religions.
12. The 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.
13. The Council of Europe urges member States where the restitution
of church property is not yet concluded, to speed up and complete
this process in the short or medium term. The process should not
be negatively affected or influenced by any political ideology or
government.
14. Finally, the Assembly calls on the European Union, in its
political dialogue with non-member countries, to enhance its monitoring
of the situation of communities and individuals defined by religion
or beliefs.