A/HRC/21/27
and pointed out that freedom of expression carried specific duties and responsibilities, “in
particular the obligation not to disseminate racist ideas, and recommends that the State
party take resolute action to counter any tendency to target, stigmatize, stereotype or profile
people on the basis of race, colour, descent, and national or ethnic origin, especially by
politicians” (CERD/C/DEN/CO/7, para. 11). More recently, during its seventy-eighth
session in 2011, the Committee raised its concern over racist remarks made by a number of
representatives of political parties and urged the State party to find the balance between
freedom of expression and the need to effectively implement state obligations under article
4 (CERD/C/NOR/CO/19-20, para. 21). 1
72.
In interpreting article 19 of the International Covenant on Civil and Political Rights,
the Human Rights Committee has consistently emphasised the “special duties and
responsibilities” of the freedom of expression (art. 19, para. 3) in its general comments and
concluding observations. Precisely owing to the special duties and responsibilities, certain
restrictions on freedom of expression to protect “the interest of other persons or those of the
community as a whole” are permitted as long as such restrictions do not jeopardise the right
itself. 2 In its general comment No 34 (2011) on article 19, which replaces general comment
No. 10, the Human Rights Committee has reiterated the indispensability of the right to
freedom of opinion and expression in a free and democratic society and echoed its position
on the possible restrictions on the exercise of the right to freedom of expression.
73.
The Committee specifically raised the compatible and complementary nature of
articles 19 and 20 in the general comment No. 34 and rearticulated the obligation of the
States parties to penalize acts listed in article 20, namely war propaganda, and any
advocacy of national, racial, or religious hatred that constitutes incitement to
discrimination, hostility or violence. Through its concluding observations, the Committee
has consistently asked State parties to prohibit hate speech and other acts motivated by
racism or xenophobia. For instance, in 2009, the Committee urged a State party to
prosecute incitement to national, racial and religious hatred (CCPR/C/CHE/CO/3, para.
10). 3
74.
On several occasions, the Committee has also raised its concerns over hate speeches
or racist comments made by political figures and public officers. In 2007, the Committee
raised its concern over the persistence of racist and xenophobic speech against Muslims,
Jews and ethnic minorities in political and media discourse and urged the State party
concerned to “rigorously combat any advocacy of racial or religious hatred, including
political hate speech” (CCPR/C/AUT/CO/4, para. 20).4
D.
Human rights special procedures
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance
75.
The Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance submitted reports both to the Human Rights Council
1
2
3
4
The Committee also raised the similar concerns in CERD/C/ISR/CO/13, CERD/C/BEL/CO/15,
CERD/C/NAM/CO/12, CERD/C/JPN/CO/3-6 and CERD/C/CHE/CO/6.
Human Rights Committee, general comment No. 10 (1983) on freedom of expression, para. 4
See also CCPR/C/HUN/CO/5, CCPR/C/SWE/CO/6, CCPR/C/BGR/CO/3, CCPR/C/CHE/CO/3,
CCPR/CO/78/SVK, CCPR/C/TGO/CO/4, CCPR/CO/78/ISR, CCPR/C/RUS/CO/6 and
CCPR/C/ESP/CO/5.
Similar concerns were raised in CCPR/C/ITA/CO/5 and CCPR/CO/84/SVN.
17
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