A/HRC/12/38
page 15
46. With regard to the above-mentioned reports sent to the Special Rapporteur (see
paragraphs 21-24), a distinction should be made between the following four concerns:
(a) intolerant mentalities which do not yet constitute human rights violations, but may
eventually lead to such violations; (b) advocacy of racial or religious hatred that constitutes
incitement to discrimination, hostility or violence and which is prohibited in international
human rights law; (c) discrimination against members of religious or belief communities
which is also clearly prohibited by international human rights standards and which
adversely affects the enjoyment of civil, cultural, economic, political and social rights; and
(d) acts of violence perpetrated against members of religious or belief communities which
constitute a blatant human rights violation, for example with regard to the right to security
of the person or ultimately to the right to life.
47. The Special Rapporteur would like to reiterate his predecessor’s recommendation
that the Human Rights Council invite Governments, in combating racial and religious
discrimination, as well as incitement to racial or religious hatred, to fully comply with their
obligations in relation to freedom of expression and freedom of religion or belief, in
keeping with the relevant international instruments and in particular articles 18, 19 and 20
of the International Covenant on Civil and Political Rights and article 4 of the
International Convention on the Elimination of All Forms of Racial Discrimination, having
due regard to their interrelatedness and complementarity.
48. In this regard, the Special Rapporteur would like to recall that existing international
standards already address racial and religious discrimination, as well as incitement to
racial or religious hatred. In this regard, he would like to highlight that, as of June 2009, a
total of 164 States have ratified the International Covenant on Civil and Political Rights
and that there are 173 States parties to the International Convention on the Elimination of
All Forms of Racial Discrimination. He calls upon States which have not yet ratified these
international instruments to consider doing so.
49. The Special Rapporteur highlights that, while the obligation to prohibit
discrimination and incitement to racial or religious hatred is unambiguous under
international human rights law, this is only one among a number of actions that need to be
implemented in order to fully guarantee the right to equal treatment and to fight racism
and all forms of discrimination. In this regard, under the International Convention on the
Elimination of All Forms of Racial Discrimination, States have a central obligation to
adopt measures that will foster tolerance and respect for cultural diversity, including
religious diversity. It is only by implementing this wide array of actions that States will be
able to secure long-term defences against the insidious implications of hate speech.
50. Finally, the Special Rapporteur recommends that strong emphasis be put on the
implementation of the core obligations of States relating to the protection of individuals
and groups of individuals against violations of their rights incurred by hate speech. Cases
of incitement to racial or religious hatred are of serious concern and need to be addressed
promptly within the existing international human rights framework. He also would like to
remind States of their obligation under existing international human rights standards to
protect members of religious or belief communities from violation of their right to freedom
of religion or belief.
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