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Title | Date added | Template | Body | Legal status | Document type | Year | Document code | Original document | Paragraph text | Thematics | Topic(s) | Person(s) affected | Year |
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Combatting racist hate speech 2013, para. 1 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | At its eightieth session, the Committee on the Elimination of Racial Discrimination (the Committee) decided to hold a thematic discussion on racist hate speech during its eighty-first session. The discussion took place on 28 August 2012 and focused on understanding the causes and consequences of racist hate speech, and how the resources of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) may be mobilized to combat it. Participants in the discussion included, in addition to members of the Committee, representatives from permanent missions to the United Nations Office in Geneva, national human rights institutions, non-governmental organizations, academics and interested individuals. |
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Combatting racist hate speech 2013, para. 2 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Following the discussion, the Committee expressed its intention to work on drafting a general recommendation to provide guidance on the requirements of the Convention in the area of racist hate speech in order to assist States parties in discharging their obligations, including reporting obligations. The present general recommendation is of relevance to all stakeholders in the fight against racial discrimination, and seeks to contribute to the promotion of understanding, lasting peace and security among communities, peoples and States. |
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Combatting racist hate speech 2013, para. 16 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Incitement characteristically seeks to influence others to engage in certain forms of conduct, including the commission of crime, through advocacy or threats. Incitement may be express or implied, through actions such as displays of racist symbols or distribution of materials as well as words. The notion of incitement as an inchoate crime does not require that the incitement has been acted upon, but in regulating the forms of incitement referred to in article 4, States parties should take into account, as important elements in the incitement offences, in addition to the considerations outlined in paragraph 14 above, the intention of the speaker, and the imminent risk or likelihood that the conduct desired or intended by the speaker will result from the speech in question, considerations which also apply to the other offences listed in paragraph 13. |
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Combatting racist hate speech 2013, para. 20 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee observes with concern that broad or vague restrictions on freedom of speech have been used to the detriment of groups protected by the Convention. States parties should formulate restrictions on speech with sufficient precision, according to the standards in the Convention as elaborated in the present recommendation. The Committee stresses that measures to monitor and combat racist speech should not be used as a pretext to curtail expressions of protest at injustice, social discontent or opposition. |
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Combatting racist hate speech 2013, para. 22 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Under the terms of article 4 (c) regarding public authorities or public institutions, racist expressions emanating from such authorities or institutions are regarded by the Committee as of particular concern, especially statements attributed to high-ranking officials. Without prejudice to the application of the offences in subparagraphs (a) and (b) of article 4, which apply to public officials as well as to all others, the "immediate and positive measures" referred to in the chapeau may additionally include measures of a disciplinary nature, such as removal from office, where appropriate, as well as effective remedies for victims. |
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Combatting racist hate speech 2013, para. 23 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | As part of its standard practice, the Committee recommends that States parties which have made reservations to the Convention withdraw them. In cases where a reservation affecting Convention provisions on racist speech is maintained, States parties are invited to provide information as to why such a reservation is considered necessary, the nature and scope of the reservation, its precise effects in terms of national law and policy, and any plans to limit or withdraw the reservation within a specified time frame. |
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Combatting racist hate speech 2013, para. 26 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | In addition to its inclusion in article 5, freedom of opinion and expression is recognized as a fundamental right in a broad range of international instruments, including the Universal Declaration of Human Rights, which affirm that everyone has the right to hold opinions and to seek, receive and impart information and ideas of all kinds through any media and regardless of frontiers. The right to freedom of expression is not unlimited but carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but only if they are provided by law and are necessary for protection of the rights or reputations of others and for the protection of national security or of public order, or of public health or morals. Freedom of expression should not aim at the destruction of the rights and freedoms of others, including the right to equality and non-discrimination. |
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Combatting racist hate speech 2013, para. 36 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Information campaigns and educational policies calling attention to the harms produced by racist hate speech should engage the general public; civil society, including religious and community associations; parliamentarians and other politicians; educational professionals; public administration personnel; police and other bodies dealing with public order; and legal personnel, including the judiciary. The Committee draws the attention of States parties to general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights and to general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system. In these and other cases, familiarization with international norms protecting freedom of opinion and expression and norms protecting against racist hate speech is essential. |
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Combatting racist hate speech 2013, para. 29 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Freedom of expression, indispensable for the articulation of human rights and the dissemination of knowledge regarding the state of enjoyment of civil, political, economic, social and cultural rights, assists vulnerable groups in redressing the balance of power among the components of society, promotes intercultural understanding and tolerance, assists in the deconstruction of racial stereotypes, facilitates the free exchange of ideas, and offers alternative views and counterpoints. States parties should adopt policies empowering all groups within the purview of the Convention to exercise their right to freedom of expression. |
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Combatting racist hate speech 2013, para. 4 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | By virtue of its work in implementing the Convention as a living instrument, the Committee engages with the wider human rights environment, awareness of which suffuses the Convention. In gauging the scope of freedom of expression, it should be recalled that the right is integrated into the Convention and is not simply articulated outside it: the principles of the Convention contribute to a fuller understanding of the parameters of the right in contemporary international human rights law. The Committee has integrated this right to freedom of expression into its work on combating hate speech, commenting where appropriate on its lack of effective implementation and, where necessary, drawing upon its elaboration in sister human rights bodies. |
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Combatting racist hate speech 2013, para. 5 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The drafters of the Convention were acutely aware of the contribution of speech to creating a climate of racial hatred and discrimination, and reflected at length on the dangers it posed. In the Convention, racism is referred to only in the context of "racist doctrines and practices" in the preamble, a phrase closely linked to the condemnation in article 4 of dissemination of ideas of racial superiority. While the term hate speech is not explicitly used in the Convention, this lack of explicit reference has not impeded the Committee from identifying and naming hate speech phenomena and exploring the relationship between speech practices and the standards of the Convention. The present recommendation focuses on the ensemble of Convention provisions that cumulatively enable the identification of expression that constitutes hate speech. |
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Combatting racist hate speech 2013, para. 7 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Racist hate speech can take many forms and is not confined to explicitly racial remarks. As is the case with discrimination under article 1, speech attacking particular racial or ethnic groups may employ indirect language in order to disguise its targets and objectives. In line with their obligations under the Convention, States parties should give due attention to all manifestations of racist hate speech and take effective measures to combat them. The principles articulated in the present recommendation apply to racist hate speech, whether emanating from individuals or groups, in whatever forms it manifests itself, orally or in print, or disseminated through electronic media, including the Internet and social networking sites, as well as non-verbal forms of expression such as the display of racist symbols, images and behaviour at public gatherings, including sporting events. |
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Combatting racist hate speech 2013, para. 11 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | In the chapeau and subparagraph (a), regarding "ideas or theories of superiority" or "racial superiority or hatred" respectively, the term "based on" is employed to characterize speech impugned by the Convention. The term is understood by the Committee in the context of article 1 as equivalent to "on the grounds of" and in principle holds the same meaning for article 4. The provisions on dissemination of ideas of racial superiority are a forthright expression of the preventive function of the Convention and are an important complement to the provisions on incitement. |
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Combatting racist hate speech 2013, para. 13a | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:] All dissemination of ideas based on racial or ethnic superiority or hatred, by whatever means; |
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Combatting racist hate speech 2013, para. 13b | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:] Incitement to hatred, contempt or discrimination against members of a group on grounds of their race, colour, descent, or national or ethnic origin; |
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Combatting racist hate speech 2013, para. 13d | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:] Expression of insults, ridicule or slander of persons or groups or justification of hatred, contempt or discrimination on the grounds in (b) above, when it clearly amounts to incitement to hatred or discrimination; |
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Combatting racist hate speech 2013, para. 13e | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [As article 4 is not self-executing, States parties are required by its terms to adopt legislation to combat racist hate speech that falls within its scope. In the light of the provisions of the Convention and the elaboration of its principles in general recommendation No. 15 and the present recommendation, the Committee recommends that the States parties declare and effectively sanction as offences punishable by law:] Participation in organizations and activities which promote and incite racial discrimination. |
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Combatting racist hate speech 2013, para. 15 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | [While article 4 requires that certain forms of conduct be declared offences punishable by law, it does not supply detailed guidance for the qualification of forms of conduct as criminal offences. On the qualification of dissemination and incitement as offences punishable by law, the Committee considers that the following contextual factors should be taken into account:] The objectives of the speech: speech protecting or defending the human rights of individuals and groups should not be subject to criminal or other sanctions. |
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Combatting racist hate speech 2013, para. 17 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee reiterates that it is not enough to declare the forms of conduct in article 4 as offences; the provisions of the article must also be effectively implemented. Effective implementation is characteristically achieved through investigations of offences set out in the Convention and, where appropriate, the prosecution of offenders. The Committee recognizes the principle of expediency in the prosecution of alleged offenders, and observes that it must in each case be applied in the light of the guarantees laid down in the Convention and in other instruments of international law. In this and other respects under the Convention, the Committee recalls that it is not its function to review the interpretation of facts and national law made by domestic authorities, unless the decisions are manifestly absurd or unreasonable. |
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Combatting racist hate speech 2013, para. 19 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Article 4 requires that measures to eliminate incitement and discrimination must be made with due regard to the principles of the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention. The phrase due regard implies that, in the creation and application of offences, as well as fulfilling the other requirements of article 4, the principles of the Universal Declaration of Human Rights and the rights in article 5 must be given appropriate weight in decision-making processes. The due regard clause has been interpreted by the Committee to apply to human rights and freedoms as a whole, and not simply to freedom of opinion and expression, which should however be borne in mind as the most pertinent reference principle when calibrating the legitimacy of speech restrictions. |
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Combatting racist hate speech 2013, para. 30 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Whereas the provisions of article 4 on dissemination of ideas attempt to discourage the flow of racist ideas upstream, and the provisions on incitement address their downstream effects, article 7 addresses the root causes of hate speech, and represents a further illustration of the "appropriate means" to eliminate racial discrimination envisaged in article 2, paragraph 1 (d). The importance of article 7 has not diminished over time: its broadly educational approach to eliminating racial discrimination is an indispensable complement to other approaches to combating racial discrimination. Because racism can be the product of, inter alia, indoctrination or inadequate education, especially effective antidotes to racist hate speech include education for tolerance, and counter-speech. |
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Combatting racist hate speech 2013, para. 31 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Under article 7, States parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagating universal human rights principles, including those of the Convention. Article 7 is phrased in the same mandatory language as other articles in the Convention, and the fields of activity - "teaching, education, culture and information" - are not expressed as exhaustive of the undertakings required. |
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Combatting racist hate speech 2013, para. 35 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | In order to promote inter-ethnic understanding, balanced and objective representations of history are essential, and, where atrocities have been committed against groups of the population, days of remembrance and other public events should be held, where appropriate in context, to recall such human tragedies, as well as celebrations of successful resolution of conflicts. Truth and reconciliation commissions can also play a vital role in countering the persistence of racial hatred and facilitating the development of a climate of inter-ethnic tolerance. |
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Combatting racist hate speech 2013, para. 28 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | In addition to underpinning and safeguarding the exercise of other rights and freedoms, freedom of opinion and expression has particular salience in the context of the Convention. The protection of persons from racist hate speech is not simply one of opposition between the right to freedom of expression and its restriction for the benefit of protected groups; the persons and groups entitled to the protection of the Convention also enjoy the right to freedom of expression and freedom from racial discrimination in the exercise of that right. Racist hate speech potentially silences the free speech of its victims. |
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Combatting racist hate speech 2013, para. 38 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee recommends that educational, cultural and informational strategies to combat racist hate speech should be underpinned by systematic data collection and analysis in order to assess the circumstances under which hate speech emerges, the audiences reached or targeted, the means by which they are reached, and media responses to hate messages. International cooperation in this area helps to increase not only the possibilities of comparability of data but also knowledge of and the means to combat hate speech that transcends national boundaries. |
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Combatting racist hate speech 2013, para. 42 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee encourages self-regulation and compliance with codes of ethics by Internet service providers, as underlined in the Durban Declaration and Programme of Action. |
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Combatting racist hate speech 2013, para. 43 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Committee encourages States parties to work with sports associations to eradicate racism in all sporting disciplines. |
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Combatting racist hate speech 2013, para. 44 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | With particular reference to the Convention, States parties should disseminate knowledge of its standards and procedures, and provide associated training, particularly for those concerned with its implementation, including civil servants, the judiciary and law enforcement officials. The concluding observations of the Committee should be made widely available in the official and other commonly used languages at the conclusion of the examination of the report of the State party; opinions of the Committee under the article 14 communications procedure should similarly be made available. |
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Combatting racist hate speech 2013, para. 27 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | The Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference affirm the positive role of the right to freedom of opinion and expression in combating racial hatred. |
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Combatting racist hate speech 2013, para. 39 | Aug 19, 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Informed, ethical and objective media, including social media and the Internet, have an essential role in promoting responsibility in the dissemination of ideas and opinions. In addition to putting in place appropriate legislation for the media in line with international standards, States parties should encourage the public and private media to adopt codes of professional ethics and press codes that incorporate respect for the principles of the Convention and other fundamental human rights standards. |
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