A/HRC/9/12 page 17 51. The Special Rapporteur welcomes the response of the Committee, which has indicated that despite the fact that general comments on other provisions of the Covenant are already scheduled the Committee will consider as soon as possible the recommendation of the Special Rapporteurs concerning article 20. 52. In addition to the limitations on the exercise of freedom of expression prescribed in the Covenant, the Special Rapporteur also refers to the International Convention on the Elimination of all Forms of Racial Discrimination. Under the terms of article 4 (a) of the Convention, the States parties: “Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof.” 53. With regard to the interpretation of article 4 of the Convention, the Special Rapporteur refers to Recommendation XV of the Committee on the Elimination of Racial Prejudice, in which the Committee expresses the opinion that “the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the right to freedom of opinion and expression. This right is embodied in article 19 of the Universal Declaration of Human Rights and is recalled in article 5 (d) (viii) of the International Convention on the Elimination of All Forms of Racial Discrimination. Its relevance to article 4 is noted in the article itself. The citizen’s exercise of this right carries special duties and responsibilities, specified in article 29, paragraph 2, of the Universal Declaration, among which the obligation not to disseminate racist ideas is of particular importance. The Committee wishes, furthermore, to draw to the attention of States parties to article 20 of the International Covenant on Civil and Political Rights, according to which any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. B. Regional instruments 54. The Special Rapporteur notes that the regional systems for the protection of human rights have also adopted instruments establishing limitations on the exercise of freedom of expression. 55. The European Human Rights Convention, under article 10 on freedom of expression, provides that, since it carries with it duties and responsibilities, the exercise of that freedom “may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others”. However, the European Convention contains no provision equivalent to article 20 of the International Covenant on Civil and Political Rights concerning incitement to national, racial or religious hatred. Moreover, the European Commission against Racism and Intolerance, in its general policy recommendation No. 7 on national legislation to combat racism and racial discrimination, recommends to Member States that the law should penalize public incitement to violence, hatred or discrimination as well as the public expression of an ideology that depreciates or denigrates a grouping of persons on the grounds of their race, religion, national origin, etc.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents