A/HRC/15/45 15. In this regard, international human rights law defines when restrictions are permitted. For instance, with regard to the right to freedom of expression, article 19 of the International Covenant on Civil and Political Rights states that the exercise of the right to freedom of expression carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security or of public order (ordre public), or of public health or morals. Article 20 of the Covenant also imposes restrictions on the right to freedom of expression. As such, “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”. With regard to the rights to freedom of assembly and association, articles 21 and 22 of the Covenant emphasize that no restrictions may be placed on the exercise of these rights other than those prescribed by law and which are, in a democratic society, in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. In addition to the above, article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination also determines when restrictions on the rights to freedom of expression, assembly and association are to be warranted by States, when they are faced with the dissemination of ideas based on racial superiority or incitement to racial discrimination. 16. The Special Rapporteur notes that determining which acts or expressions may meet the thresholds determined in articles 19 to 22 of the International Covenant on Civil and Political Rights, and in article 4 of the International Convention on the Elimination of All Forms of Discrimination, is ultimately a decision that is best made after a thorough assessment of the individual circumstances of each case. This decision should always be guided by well-defined criteria, in accordance with international standards, and be made by an independent and impartial court or tribunal, taking into account the local conditions, history, culture and political context. D. Democracy 17. Democracy is notably characterized by the possibility of holding open debates and the free flow of ideas, which may contrast or even compete with one another. In this context, international human rights law ensures the right of all citizens to take part in the conduct of public affairs, directly or through chosen representatives, and to vote or to be elected at genuine elections guaranteeing the free expression of the will of the electors.1 The Special Rapporteur takes the view that a democratic society must provide the opportunity to all people to participate in public affairs, discuss and even criticize the system in place, and to put forward ideas for change and progress, including those deemed as radical. Nonetheless it is also essential to introduce safeguards against activities of extremist political parties, movements and groups that flout democratic principles and human rights, including the principles of non-discrimination and equality. 18. The space left for public debate and participation in a democratic society undoubtedly allows for the constructive exchange of views and for its continued reinforcement. Extremist political parties, movements and groups have also, however, effectively learned to use this open space to disseminate their racist, xenophobic or intolerant ideologies, thereby posing a serious challenge to democratic polity. Indeed, these 1 6 See the International Covenant on Civil and Political Rights, article 25. GE.10-15022