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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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 12
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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).
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 46
- Paragraph text
- The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 13b
- Paragraph text
- [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;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 26
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 35
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 13d
- Paragraph text
- [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;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 13c
- Paragraph text
- [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:] Threats or incitement to violence against persons or groups on the grounds in (b) above;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 1
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 11
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 13a
- Paragraph text
- [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;
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 13e
- Paragraph text
- [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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 34
- Paragraph text
- Measures should be adopted in the field of education aimed at encouraging knowledge of the history, culture and traditions of "racial or ethnical" groups present in the State party, including indigenous peoples and persons of African descent. Educational materials should, in the interests of promoting mutual respect and understanding, endeavour to highlight the contribution of all groups to the social, economic and cultural enrichment of the national identity and to national, economic and social progress.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 5
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 29
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 2
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 17
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 2013
Paragraphe
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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Combatting racist hate speech 2013, para. 7
- Paragraph text
- 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.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Année
- 2013
Paragraphe