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Combatting racist hate speech 2013, para. 25
- Paragraph text
- The Committee considers that the expression of ideas and opinions made in the context of academic debates, political engagement or similar activity, and without incitement to hatred, contempt, violence or discrimination, should be regarded as legitimate exercises of the right to freedom of expression, even when such ideas are controversial.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 14
- Paragraph text
- The Committee recommends that public denials or attempts to justify crimes of genocide and crimes against humanity, as defined by international law, should be declared as offences punishable by law, provided that they clearly constitute incitement to racial violence or hatred. The Committee also underlines that "the expression of opinions about historical facts" should not be prohibited or punished.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 9
- Paragraph text
- As a minimum requirement, and without prejudice to further measures, comprehensive legislation against racial discrimination, including civil and administrative law as well as criminal law, is indispensable to combating racist hate speech effectively.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 27
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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 content and form of speech: whether the speech is provocative and direct, in what form it is constructed and disseminated, and the style in which it is delivered.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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 reach of the speech, including the nature of the audience and the means of transmission: whether the speech was disseminated through mainstream media or the Internet, and the frequency and extent of the communication, in particular when repetition suggests the existence of a deliberate strategy to engender hostility towards ethnic and racial groups.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 36
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 26
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- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 20
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 29
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- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 42
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 24
- Paragraph text
- Article 5 of the Convention enshrines the obligation of States parties to prohibit and eliminate racial discrimination and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of civil, political, economic, social and cultural rights, including the rights to freedom of thought, conscience and religion, freedom of opinion and expression, and freedom of peaceful assembly and association.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 39
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 12
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- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 21
- Paragraph text
- The Committee underlines that article 4 (b) requires that racist organizations which promote and incite racial discrimination be declared illegal and prohibited. The Committee understands that the reference to "organized…propaganda activities" implicates improvised forms of organization or networks, and that "all other propaganda activities" may be taken to refer to unorganized or spontaneous promotion and incitement of racial discrimination.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 8
- Paragraph text
- The identification and combating of hate speech practices is integral to the achievement of the objectives of the Convention - which is dedicated to the elimination of racial discrimination in all its forms. While article 4 of the Convention has functioned as the principal vehicle for combating hate speech, other articles in the Convention make distinctive contributions to fulfilling its objectives. The due regard clause in article 4 explicitly links that article with article 5, which guarantees the right to equality before the law, without racial discrimination in the enjoyment of rights, including the right to freedom of opinion and expression. Article 7 highlights the role of "teaching, education, culture and information" in the promotion of interethnic understanding and tolerance. Article 2 incorporates the undertaking by States parties to eliminate racial discrimination, obligations that receive their widest expression in article 2, paragraph 1 (d). Article 6 focuses on securing effective protection and remedies for victims of racial discrimination and the right to seek "just and adequate reparation or satisfaction" for damage suffered. The present recommendation focuses principally on articles 4, 5 and 7 of the Convention.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 18
- Paragraph text
- Independent, impartial and informed judicial bodies are crucial to ensuring that the facts and legal qualifications of individual cases are assessed consistently with international standards of human rights. Judicial infrastructures should be complemented in this respect by national human rights institutions in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 37
- Paragraph text
- Formal rejection of hate speech by high-level public officials and condemnation of the hateful ideas expressed play an important role in promoting a culture of tolerance and respect. The promotion of intercultural dialogue through a culture of public discourse and institutional instruments of dialogue, and the promotion of equal opportunities in all aspects of society are of equal value to educational methodologies and should be encouraged in a vigorous manner.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 33
- Paragraph text
- Appropriate educational strategies in line with the requirements of article 7 include intercultural education, including intercultural bilingual education, based on equality of respect and esteem and genuine mutuality, supported by adequate human and financial resources. Programmes of intercultural education should represent a genuine balance of interests and should not function in intention or effect as vehicles of cultural assimilation.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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 position or status of the speaker in society and the audience to which the speech is directed. The Committee consistently draws attention to the role of politicians and other public opinion-formers in contributing to the creation of a negative climate towards groups protected by the Convention, and has encouraged such persons and bodies to adopt positive approaches directed to the promotion of intercultural understanding and harmony. The Committee is aware of the special importance of freedom of speech in political matters and also that its exercise carries with it special duties and responsibilities.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 30
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 28
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 16
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 43
- Paragraph text
- The Committee encourages States parties to work with sports associations to eradicate racism in all sporting disciplines.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 15
- Paragraph text
- [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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 19
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Combatting racist hate speech 2013, para. 44
- Paragraph text
- 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.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Racial discrimination against people of African descent 2011, para. 33
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Encourage the development and implementation of methods of self-monitoring by the media through codes of conduct for media organizations in order to eliminate the use of racially discriminatory or biased language.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2011
Párrafo
Racial discrimination against people of African descent 2011, para. 43
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take special and concrete measures to guarantee people of African descent the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage and to have due representation in all branches of government.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2011
Párrafo
Racial discrimination against people of African descent 2011, para. 35
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take all the necessary steps to secure equal access to the justice system for all people of African descent including by providing legal aid, facilitating individual or group claims, and encouraging non-governmental organizations to defend their rights.
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2011
Párrafo