A/HRC/2/6
page 19
83.
A juridical response is undoubtedly immensely significant in countering the impact of
hate speech and of incitement to hatred and violence, but it cannot be the only or even main
response. Incitement is a reflection of the growing global challenge of managing pluralism and
fostering harmony. It is, therefore, crucial that the Human Rights Council reflect on the relevant
political and social dimensions of the issue, as well search for lasting solutions to better
knowledge and understanding across cultures and religions in the pursuit of a more tolerant
world.
84.
Uniform, consistent application of the law is essential to ensure the effectiveness of
international efforts to counter intolerance. Key elements of the law need to be more concisely
interpreted and defined in order to facilitate national efforts to comply with international
obligations, and specific criteria should be developed to establish the essential boundary for
freedom of expression. Further critical reflection is also required on the scope of actions that a
State may take to curb speech. State practice across different legal systems will likely provide
substantial guidance on these issues. It will therefore be necessary to undertake more work to
document and analyze national as well as regional jurisprudence and the vast literature on the
subject. In this regard, the Human Rights Council may consider the following possible actions:
(a) Request the treaty bodies, particularly the Human Rights Committee and CERD, to
develop general comments on the areas of the law that need further definition;
(b) Mandate the relevant Special Rapporteurs to study national practice and experiences
in order to document best practices;
(c) Commission expert studies to further analyze and develop appropriate doctrine in the
area; and
(d) Organize public dialogue to draw attention to the problem of intolerance and promote
better understanding.
Notes
1
General Assembly resolution 260 A (III), 9 December 1948, entered into force 12 January 1951.
2
General Assembly resolution 2106 A(XX), 21 December 1965, entered into force 4 January 1969.
3
General Assembly resolution 2200 A (XXI), 16 December 1966, entered into force 3 January 1976.
4
Security Council resolution 827 (1993), 25 May 1993.
5
Security Council resolution 955 (1994), 8 November 1994. See Article 2.
6
Article 4.
7
Adopted in Rome, 17 July 1998, entered into force 1 July 2002.
8
Article 25(3)(e).
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