The Committee recommends that the criminalization of forms of racist expression should be reserved for serious cases, to be proven beyond reasonable doubt, while less serious cases should be addressed by means other than criminal law, taking into account, inter alia, the nature and extent of the impact on targeted persons and groups. The application of criminal sanctions should be governed by principles of legality, proportionality and necessity.
Legal status
Non-negotiated soft law
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Equality & Inclusion
Governance & Rule of Law
Person(s) affected
All
Year
2013
Paragraph type
Other
Reference
CERD General Recommendation No. 35, Combatting racist hate speech (2013), para. 12.