A/HRC/9/25 page 8 hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention.” 29. The Convention on the Prevention and Punishment of the Crime of Genocide of 1948 in article 3 (c) lists “direct and public incitement to commit genocide” among punishable acts. This is also repeated in article 4, paragraph 3 (c) of the Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia, article 3 (c) of the Statute of the International Criminal Tribunal for Rwanda, and article 25, paragraph 3 (e) of the Rome Statute of the International Criminal Court. Intersection of race and religion 30. The permissible limitations to freedom of expression are one of the main issues in the discourse on defamation of religions. In paragraph 13 of resolution 7/19, reference is made to general recommendation No. 15 of the Committee on the Elimination of Racial Discrimination which affirms that “the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the freedom of opinion and expression” (para. 4). The resolution asserts that this is equally applicable to the question of incitement to religious hatred. 31. While having held the view that discrimination based exclusively on religious grounds did not explicitly fall within the scope of the Convention,3 the Committee on the Elimination of Racial Discrimination has on numerous occasions addressed double discrimination on the grounds of race and religion and has stressed the “intersectionality” of racial and religious discrimination.4 It has recommended that religious discrimination be prohibited, including against immigrant religious minorities,5 and reminded States that they should “ensure that all persons enjoy their right to freedom of thought, conscience and religion, without any discrimination based on race, colour, descent or national or ethnic origin, in accordance with article 5 (d) of the Convention”.6 3 P.S.N. v. Denmark, A.W.R.A.P. v. Denmark (CERD/C/71/D/36/2006, para. 6.3), referring to the Travaux Préparatoires of the Convention, according to which the Third Committee of the General Assembly had rejected a proposal to include racial discrimination and religious intolerance in a single instrument. 4 CERD/C/63/CO/11, para. 20 (10 December 2003); CERD/C/63/CO/6, para. 14 (10 December 2003); CERD/C/NGA/CO/18, para. 20 (1 November 2005); CERD/C/TZA/CO/16, para. 20 (1 November 2005); CERD/C/IRL/CO/2, para. 18 (14 April 2005); CERD/C/RUS/CO/19, paras. 16, 17 (20 August 2008). 5 CERD/C/63/CO/11, para. 20 (10 December 2003). 6 CERD/C/63/CO/6, para. 14 (10 December 2003).