A/HRC/11/4
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promote and protect the right to freedom of opinion and expression”,4 the Special Rapporteur has
proposed developing an online training programme for media personnel on freedom of
expression, human rights and multiculturalism. The aim of the programme is to identify ways to
strengthen professional commitments to high-quality journalism, while also fostering greater
respect for diversity, multiculturalism and human rights education. The programme will aim to
address some of the main concerns voiced by various stakeholders in relation to hate speech,
intolerance and discrimination.
37. The Special Rapporteur participated in the Durban Review Conference held in Geneva
from 20 to 24 April 2009. The Conference was meant to provide an opportunity to review
progress made in the combat against racism, racial discrimination, xenophobia and related
intolerance and the actual implementation of the Durban Declaration and Programme of Action
at the national, regional and international levels since 2001, as well as to share best practices.
The Special Rapporteur’s participation in the event highlights the indivisible link between the
promotion of the right to freedom of expression and the fight against racism, racial
discrimination, xenophobia and related intolerance.
B. Limitations to the right to freedom of opinion and expression
38. The exercise of the right to freedom of opinion and expression is a significant indicator of
the level of protection and respect of all other human rights in a given society. Democratic
institutions, while not preventing all violations of the right to freedom of opinion and expression,
do offer guarantees for its protection as well as an enabling environment for its exercise.
Freedom of opinion and expression not only benefits from a democratic environment; it also
contributes to, and is indeed instrumental to, the emergence and existence of effective
democratic systems. However, violations of the right to freedom of opinion and expression may
occur in all regions and countries, whatever their system, and may have various forms.
39. The Special Rapporteur notes that freedom of expression is the manifestation of cultures,
cultural diversity, religion and ideologies. Therefore, the right to freedom of expression should
be approached with a positive view to defending it. Existing international instruments establish a
specific limit on freedom of expression. In particular, the International Covenant on Civil and
Political Rights provides that “any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law”. The main
challenge thus lies in identifying at which point these thresholds are reached. A broad
interpretation of these limitations, which has recently been suggested in international forums, is
not in line with existing international instruments and would ultimately jeopardize the full
enjoyment of human rights. Limitations to the right to freedom of opinion and expression have
more often than not been used by States as a means to restrict criticism and silence dissent.
40. Limitations on freedom of expression should be clearly defined and provided by law.
Limitations should not threaten the exercise of the right itself. In addition, they ought to be
4
Para. 3 (d).
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