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Hate speech and incitement to hatred against minorities in the media 2015, para. 32
- Paragraph text
- Governments, civil society and the international community must be alert to the warning signs of hatred and violence much earlier: when the first words of hate speech are uttered; when media start to promote negative stereotypes; or once there is an atmosphere of discomfort and animosity when minorities exercise their right to freely and openly practise their religion, use their language, or assert their right to have a voice in political life and the decisions that affect them.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 43
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities establishes that "States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity" and requires that States adopt appropriate legislative and other measures to achieve those ends (art. 1). The Declaration also emphasizes that persons belonging to minorities "have the right to enjoy their own culture, to profess and practise their own religion, and to use their language, in private and in public, freely and without interference or any form of discrimination" (art. 2.1). The commentary on the Declaration encourages States to adopt laws protecting against acts or incitement to acts which physically threaten the existence of groups or threaten their identity.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 44
- Paragraph text
- The Convention on the Prevention and Punishment of the Crime of Genocide recognizes that genocide is an international crime, which entails the national and international responsibility of individual persons and States. According to article 3 of the Convention, the following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; and (e) complicity in genocide.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 45
- Paragraph text
- The International Covenant on Civil and Political Rights prohibits "any propaganda for war" as well as "any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence" (art. 20).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 46
- Paragraph text
- The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn "all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial 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" (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination-which must be declared illegal and prohibited-, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 53
- Paragraph text
- Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being incompatible, the right to freedom of opinion and expression and the prohibition of incitement to hatred are "mutually supportive", as the public debate of ideas as well as interfaith and intercultural dialogue can prevent hate and intolerance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 54
- Paragraph text
- In order to develop consistent and effective legislation and measures to prohibit and penalize incitement to hatred, hate speech should not be confused with other types of inflammatory, hateful or offensive speech. As experts have stated, the intended or actual effects of speech can be a useful indicator to distinguish incitement to hatred from other categories of hate speech: in the case of incitement to hatred, the speaker seeks to provoke reactions on the part of the audience, specifically to influence the audience to share the views expressed or implied in the speech and to respond against the victim groups with hostility, discrimination or violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 58
- Paragraph text
- A six-part test has been developed by the NGO Article 19 to determine the appropriate threshold for assessing the types of expressions constituting "incitement to hatred": (1) context of the expression, including consideration of existing conflicts within society, existence and history of institutionalized discrimination, history of clashes and conflicts over resources, the legal framework and the media landscape. In relation to media, issues to be examined include censorship, existence of barriers to establishing media outlets, limits to the independence of the media or journalists, broad and unclear restrictions on the content to publish or broadcast and evidence of bias in the application of the restrictions, absence of criticism of government or wide-ranging policy debate in the media and access by the audience to a range of alternative and easily accessible views and speeches; (2) speaker, including consideration of his/her official position, level of authority or influence over the audience and whether the statement was made by a person in his/her official capacity. Politicians and public officials or persons of similar status should be given special consideration; (3) intent of the speaker to incite hatred, not mere recklessness or negligence; (4) content of the expression, including what was said, the targeted audience and the targeted potential victims, tone and form of the speech; (5) extent and magnitude of the expression, including the means of dissemination (press, audiovisual media, work of art, etc.); (6) likelihood of harm occurring, including its imminence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 59
- Paragraph text
- As underscored by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (A/66/290), it is necessary to differentiate between illegal expression, which States are required to prohibit under international law, and expression considered harmful, offensive, objectionable or undesirable, but which States are neither required to prohibit or criminalize. It is important to differentiate between three types of expression: (a) expression constituting an offence under international law that can be prosecuted criminally; (b) expression not criminally punishable but that may justify a restriction and a civil suit; (c) expression that does not give rise to criminal or civil sanctions but still raise concerns in terms of tolerance, civility and respect for others. Negative or stereotyped characterizations of minority groups may fall under any of those three categories.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 60
- Paragraph text
- The Special Rapporteur considers that, while much attention is rightly paid to legal responses to hate speech, equal attention and discussion should be dedicated to non-legal and social responses. She was impressed by community initiatives, in which hate groups have been confronted and halted by ordinary citizens, and alternative and creative ways that have been initiated to tackle hate speech.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 65
- Paragraph text
- Pluralistic media is key to providing independent and objective information as it incorporates diverse viewpoints. Media diversity not only refers to the existence of varied media outlets but to the access to mass media by minority groups, as well as to the existence of a plurality of viewpoints within media outlets. Underrepresentation of minorities in the media means that their voices and influence are absent to counter negative expressions. Minorities face numerous challenges both in their access to and representation in the media.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 76
- Paragraph text
- While digital media has provided new spaces for minority groups to participate in the public debate, the accessibility, rapidness and relative anonymity provided by the Internet also provide fertile ground for spreading hateful content. Hate speech on the Internet adopts many forms and is disseminated through different digital platforms - from highly organized hate groups which recruit, radicalize and instruct followers to attack targeted groups; the issuing of "hit lists" containing calls for violence against individuals; "cyberbullying", which targets primarily youth and often originates from racial, ethnic or religious bias; dissemination of propaganda, misinformation and hate spam; exchange of information and ideas via social media networks, discussion groups, listservs and communities of interest.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Youth
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 78
- Paragraph text
- Given that social media platforms are mostly self-regulating and therefore dependent on reporting by users of material perceived as hateful or harmful, their content can be accessible until it is ultimately flagged by community members as material contravening the site's guidelines. In addition to legislative and jurisdictional challenges, there are technical difficulties involved in removing hate-inciting material from the Internet.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 87
- Paragraph text
- Media outlets can actively engage in fighting incitement to hatred and violence in the media by adopting principles and guidelines of ethical and responsible journalism to improve the quality of information and reporting to avoid bias, prejudice and manipulation, as well as by promoting diversity among media workers and investing in adequate training for media professionals.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 99
- Paragraph text
- Some initiatives seek to involve ISPs in combating online hate speech, by advocating the implementation of reporting mechanisms for illegal material posted on their services, identifying hateful content that violates the terms of service or code of conduct of the ISPs and requesting the ISPs concerned to remove it. The Anti-Defamation League (ADL) has been actively involved in combating online hate speech through close collaboration with ISPs as well as law enforcement agencies, and providing training resources and educational materials on hate crimes.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 105
- Paragraph text
- The Special Rapporteur urges States to adopt domestic legislation, in conformity with article 20 of the International Covenant on Civil and Political Rights, prohibiting any "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 117
- Paragraph text
- The Special Rapporteur welcomes the commendable work of civil society in conducting public-awareness campaigns to combat hate speech, including on the Internet. She encourages States to work collaboratively with and support those organizations and projects, including providing financial support.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 47
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities requires States to take measures to ensure "that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law" (art. 4 (1)).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 61
- Paragraph text
- Due to caste prejudice or deference shown to perpetrators from higher castes, law enforcement officers may refuse to register and/or investigate cases brought by individuals from lower castes. In some instances, these officers perceive caste-based discrimination as a social issue to be solved within the community rather than a crime. Refusal to register such cases as criminal offences is justified as preserving "social harmony".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 63
- Paragraph text
- Even if such crimes pass the first stage in the process, there are long pretrial periods and the acquittal rates for these crimes are extremely high. Lower castes are also disproportionately represented in pretrial detention, owing to indiscriminate arrests, slow investigations and prosecutions, weak legal aid systems and inadequate safeguards against lengthy detention periods.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 28
- Paragraph text
- The right to effective participation is a fundamental human right, affirmed in a number of key international legal instruments. Effective participation underpins the realization of all human rights of women and men belonging to ethnic or national, religious and linguistic minorities. It is through effective participation that a person expresses and protects her or his identity, ensuring the survival and dignity of the minority. The right to effective participation recognizes the fact that the participation of minorities in various areas of life is essential for the development of a truly inclusive and just society.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 30
- Paragraph text
- It is for these reasons that the independent expert on minority issues chose effective political participation as the theme of the second session of the Forum on Minority Issues, held in Geneva on 12 and 13 November 2009. It should be underscored from the outset that the right of minorities to effective political participation does not encompass separatist movements. Rather, the intent is to ensure the inclusion of all persons belonging to minorities in a just and fair society. This background document summarizes the relevant basic international legal principles, the preconditions for ensuring effective political participation, and some of the models and conceptual tools that States are using in order to meet their international obligations.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 31
- Paragraph text
- The right to effective participation of persons belonging to minorities is far-reaching and encompasses many aspects of what constitutes a just society. The right to effective participation includes participation in political decision-making at both the local and national levels. In addition, persons belonging to minorities should be given the means to participate effectively in the cultural, religious, social and economic spheres of their societies.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 32
- Paragraph text
- Public participation is a broad concept. It comprises the right to take part in the conduct of public affairs, the right to vote and to be elected, and to have access to public services. Moreover, it entails participation in governmental bodies, the judiciary and other agencies of the criminal justice system, decentralized and local forms of government, consultation mechanisms, as well as through cultural or territorial autonomy arrangements.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 35
- Paragraph text
- The right to effective participation, the prohibition of discrimination and special measures are firmly rooted in international human rights law. The right of all persons to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the International Covenant on Civil and Political Rights. This provision is an elaboration of article 21 of the Universal Declaration of Human Rights, which states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 36
- Paragraph text
- The United Nations Human Rights Committee has interpreted the conduct of public affairs broadly as the exercise of power in the legislative, executive and administrative branches. In the view of the Committee, the provision covers all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels. Furthermore, citizens may participate in the conduct of public affairs directly or indirectly. Once a mode of participation is established, no distinction should be made between citizens as regards their participation on such grounds as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no unreasonable restrictions should be imposed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 37
- Paragraph text
- The right of persons belonging to national or ethnic, religious and linguistic minorities to participate effectively in cultural, religious, social, economic and public life is further affirmed in the 1992 Declaration on Minorities ("the Declaration").
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 38
- Paragraph text
- Article 25 of the International Covenant on Civil and Political Rights places explicit emphasis on non-discrimination in the exercise of the rights contained therein, as they are to be enjoyed "without any of the distinctions mentioned in article 2 [of the Covenant]". Article 2 secures the respect for the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. This basic principle of prohibition of discrimination is repeated elsewhere in the Covenant and articulated in a number of instruments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
Paragraph