A/HRC/2/6 page 13 46. Blasphemy laws, generally intended to ensure respect for the deeply held views of religious adherents, have posed a different set of issues. The European Court of Human Rights has upheld restrictions to freedom of expression on this basis,38 but the limited focus has been on “expressions that are gratuitously offensive to others and thus an infringement of their rights and which do not contribute to any form of public debate capable of furthering progress in human affairs39.” C. Freedom of expression 47. The right to freedom of expression is not absolute and both international law and most national constitutions recognize that limited restrictions may be imposed on this right to safeguard overriding public and/or private interests. International law lays down a clear test by which the legitimacy of such restrictions may be assessed. Specifically, article 19, paragraph 3, of ICCPR provides that: 3. The exercise of the rights provided for in paragraph 2 of this article 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. 48. Concern about the impact of rules on incitement on freedom of expression has been expressed throughout the drafting history of the various international instruments as well as in their texts and in the jurisprudence of the various bodies tasked with their application. These play a key role in defining the limits of incitement to genocide and hate speech under international law. 49. International law on incitement involves balancing two competing claims and imperatives of human rights: equality and free speech. Equality is a fundamental human right and philosophically foundational to all human rights and the protection of human dignity. Freedom of expression is similarly foundational, largely due to its functional role in protecting other rights and underlying social values. Both equality and free speech are key underpinnings of democracy and participation. International and national courts alike frequently stress the particular importance of speech in public participation and discourse and, therefore, the need for high standards of protection.40 50. The interface between freedom of expression and the prohibition of incitement is treated in somewhat different ways in the various instruments as well as by scholars. Both the UDHR and the ICCPR guarantee the freedom of expression in very similar terms.41 51. The Human Rights Committee has specifically stated that article 20, paragraph 2, is compatible with article 19.42 Although ICERD does not guarantee the right to freedom of expression, it requires that measures taken pursuant to article 4 have due regard for the principles set out in the UDHR, which include equality, non-discrimination and freedom of expression. Article 5 of ICERD also provides for equality before the law in the enjoyment of a large number of rights, including freedom of expression.