H. Freedom of thought, conscience and belief
This right cannot be subject to any derogation under the United Nations or the InterAmerican systems. It is, however, subject to derogation in the European system.
United Nations
The [Human Rights] Committee is concerned at reports that, since recent
terrorist attacks, persons have been the subject of attack and harassment on the
basis of their religious beliefs and that religion has been utilized to incite to the
commission of criminal acts. The Committee is also disturbed that incidents of
violence and intimidation on the basis of religious affiliation … continue to
occur. The State party should extend its criminal legislation to cover offences
motivated by religious hatred and should take other steps to ensure that all
persons are protected from discrimination on account of their religious beliefs.
--CCPR/CO/73/UK, para. 14 (2001).
*****
The Committee expresses its grave concern about the incompatibility of several
provisions of the Constitution with the Covenant: for example, … articles 23, 44
and 45 of the Constitution, which allow derogation under a state of emergency
and limitations to the freedom of thought and religion, contravene articles 4,
paragraph 2, and 18 of the Covenant. The inconsistency of domestic law with
provisions of the Covenant not only engenders legal insecurity, but is likely to
lead to violations of rights protected under the Covenant.
--CCPR/C/79/Add.100, para. 7 (1998).
69
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