A/HRC/40/58 Discrimination and article 20 of the International Covenant on Civil and Political Rights require States to prohibit “hate speech”. Nevertheless, an uncritical approach to the development and application of laws against “hate speech” can be problematic. If they are formulated in vague terms or focus on banning specific content, such laws can be an effective way to prohibit blasphemy. When laws against “hate speech” limit the subject matter of free speech, rather than contextual assessments to decide whether violence is imminent or whether there is intent to incite discrimination or hostility through free speech, the effects can be similar to that of a law against blasphemy. Laws formulated in this way are often applied to reinforce the dominant political, social and moral narrative and opinions of a given society. They are frequently used to target opposition voices and dissent, and to censor minorities. Thus, States use “hate speech” laws against the very minorities those laws have been designed to protect. In some cases, “hate speech” laws are even used to restrict minorities from promoting their culture and identity, or from expressing concern about discrimination against them by the majority.16 States must recognize these distinctions to ensure better compliance with international human rights law. This is especially true given that religion and belief are closely related to identity and, in certain contexts, intersect with or are conflated with race. They function as characteristics people use to define themselves and by which they are identified by others. States may wish to review legislation prohibiting any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, so as to ensure that the legislation is explicit in its definitions, in particular of the terms: (a) “hatred” and “hostility”, which should refer to “intense and irrational emotions of opprobrium, enmity and detestation towards the target group”; (b) “advocacy”, which should be understood as requiring an intention to publicly promote hatred towards the target group; and (c) “incitement”, which should refer to statements about national, racial or religious groups that create an imminent risk of discrimination, hostility or violence against persons belonging to those groups. Furthermore, States may wish to ensure (d) that the promotion, by different communities, of a positive sense of group identity does not constitute “hate speech”.17 34. V. Emblematic cases The debate over how society should address expression involving religion or beliefs that some view to be offensive or blasphemous remains quite contentious despite the abovementioned trends. While the protection of public safety, order, health, morals and the rights and freedoms of others is the prescribed purpose or aim of restrictions on the expression of views involving religion or belief under international law, 18 such constraints must conform to the limitations regime. Whether they seek to combat the stigmatization of adherents of a particular faith, promote public order, foster interreligious harmony or combat incitement, laws that punish or prevent criticism of religion or belief, or that censor expression that may offend the sensibilities of adherents to a particular belief, effectively undermine enjoyment of that right since they do not pursue legitimate aims. Indeed, protecting the freedom to ridicule and offend through expression is inseparable from the guarantee of the right to freedom of thought, conscience and religion or belief. 35. Moreover, debates such as the present one about the challenges posed by perceived tensions between freedom of religion or belief and freedom of expression are often framed in normative terms rather than being based on the experience of victims. At the same time, these challenges are often viewed as a problem associated with a particular set of States, which is both inaccurate and counterproductive. Consequently, the often emotive arguments 36. 16 17 18 Agnes Callamard, “Expert meeting on the links between articles 19 and 20 of the International Covenant on Civil and Political Rights: freedom of expression and advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence”, paper presented at the expert meeting on the links between articles 19 and 20 of the International Covenant on Civil and Political Rights, Geneva, October 2008. Article 19, The Camden Principles on Freedom of Expression and Equality (London, 2009), principle 12.1. See also the Rabat Plan of Action, para. 21. Article 19 (3) of the Covenant includes the additional limitation ground for the protection of national security. 9