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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