A/HRC/33/29
organizations and 23 non-governmental organizations. A dedicated web page4 was created
in order to make available all contributions for public consultation and to provide further
opportunity for input.
II. Human rights law and the factors and conditions
contributing to the emergence of violent extremism
5.
As stressed by the Human Rights Council in its resolution 30/15, human rights and
fundamental freedoms, including the freedoms of peaceful assembly and of association, are
essential components of democracy, providing individuals with invaluable opportunities to
express their political opinions and enabling dialogue related to preventing and countering
violent extremism.
6.
In the context of prevention, the question of tackling extremist ideology needs to be
examined through the lens of article 18 of both the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights. The two provisions are similar
and affirm the right to freedom of thought, conscience and religion. Article 18 of the
Covenant unconditionally protects the freedom to have or to adopt a religion or belief of
one’s choice.5 The manifestation of religion or belief can be subject to limitations, but only
if they are prescribed by law and are necessary to protect public safety, order, health, or
morals or the fundamental rights and freedoms of others.
7.
Article 19 of both the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, on freedom of opinion and expression, are also
relevant. As highlighted by the Human Rights Committee, freedom of expression is an
indispensable condition for the full development of the person and constitutes the
foundation stone for every free and democratic society. The Covenant does not permit any
exceptions to or restrictions on the right to hold an opinion.6 However, article 19 (3)
regulates the expression of these views and allows for restrictions that are provided by law
and to the extent necessary for the protection of national security, public order (ordre
public), or of public health or morals, or for respect of the rights or reputation of others.
8.
With regard to hate speech, article 20 of the Covenant requires that any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence shall be prohibited by law. With a view to enhancing the understanding of the
relationship between freedom of expression and incitement to hatred, OHCHR initiated a
series of regional expert workshops which resulted in the adoption in 2012 of the Rabat
Plan of Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence.7 The Rabat Plan of Action
provides useful guidance through a six-part threshold test (considering the context, speaker,
intent, content/form, extent and likelihood) in order to establish whether expressions should
be considered as criminal offences.
9.
Policies to counter violent extremism must be consistent with international law,
including human rights law and international humanitarian law. Especially relevant in this
context are the protections provided under international human rights law regarding the
right to life, in particular concerning operations that involve the use of force. With regard to
the criminal law response, prohibiting arbitrary detention and torture, cruel, inhuman or
4
5
6
7
4
www.ohchr.org/EN/Issues/RuleOfLaw/Pages/PCVE.aspx.
See Human Rights Committee, general comment No. 22 (1993), paras. 2-3.
See Human Rights Committee, general comment No. 34 (2011), para. 9.
See A/HRC/22/17/Add.4, annex, appendix.
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