A/HRC/13/57
70.
At its ninety-fourth session from 13 to 31 October 2008, the Human Rights
Committee decided to revise its general comment on article 19 (freedom of expression) of
the International Covenant on Civil and Political Rights. A first reading of the draft general
comment was initiated by the Human Rights Committee at its ninety-seventh session, held
from 12 to 30 October 2009.
71.
In recent times, as it has consistently done in past years, the Human Rights
Committee has called on States parties to the International Covenant on Civil and Political
Rights to fully comply with relevant provisions of the Covenant, including article 20. It has
also expressed concern about intolerance towards minority groups which may manifest
itself in such forms as hate speech, but also discrimination, harassment, insults, threats and
physical violence, and which constitutes a serious social problem in many States.
72.
Consequently, the Human Rights Committee has stressed that States should
intensify their efforts to prevent, combat and prosecute hate speech violating article 20 of
the Covenant. The Committee has called on States to adopt hate speech laws of the form
envisaged by article 20 of the Covenant, to ensure that relevant criminal law provisions and
policy directives are effectively implemented, and to significantly increase their efforts to
tackle the problem among youth. States are recommended to evaluate the effectiveness of
hate-crime hotlines where they exist, vigorously combat any advocacy of racial or religious
hatred — including political hate speech — by, inter alia, intensifying public information
and awareness-raising campaigns, and effectively investigate any and all threats of violence
against minority religious communities. The Committee has further encouraged States to
reinforce, when required, the mandate of the national institution in charge of investigating
all cases of incitement to national, racial or religious hatred, or to create an independent
mechanism with competence to initiate legal action in such cases. States parties are also
called upon to increase efforts to promote tolerance and cultural dialogue among their
population.
73.
Article 20, paragraph 2 (establishing limitations on freedom of expression and
information), of the International Covenant on Civil and Political Rights was invoked in the
case Vassilari v. Greece26 by the claimant, who alleged a violation of the State party’s
obligation to ensure the prohibition of any advocacy to hatred that constitutes incitement to
discrimination, hostility or violence. The Human Rights Committee declared the
communication inadmissible for failure to substantiate the claims, without determining
whether article 20 could be invoked under the Optional Protocol. However, a dissenting
opinion was presented by three Committee members who contested the inadmissibility
decision, expressing the view that article 20, paragraph 2, afforded protection to individuals
and groups against incitement and regretting that, by declining to give an opinion on this
aspect of the communication, the Committee allowed uncertainty to persist on the scope of
article 20, paragraph 2.
74.
In the case Kasem Said Ahmad and Asmaa Abdol-Hamid v. Denmark,27 the
complainants alleged that they were denied an effective remedy for incitement to hatred
against Muslims, prohibited under article 20 of the International Covenant on Civil and
Political Rights. Such denial, they claimed, led to further violations of article 20 of the
Covenant relating to protection against attacks on honour and reputation, against racial and
religious discrimination, and against incitement to racial and religious discrimination. Also
in this case, the Human Rights Committee declared the case inadmissible under the
Optional Protocol of the Covenant, for failure to exhaust domestic remedies.
26
27
16
Communication No. 1570/2007, Views adopted on 29 April 2009.
Communication No. 1487/2006, Admissibility decision adopted on 1 April 2008.
GE.10-10223
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