A/HRC/9/12
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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.
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