A/HRC/62/56 Commissioner for Human Rights, which recommends that domestic anti-discrimination frameworks: clearly define and prohibit all forms of discrimination across all grounds recognized under international human rights law; apply across all areas of life regulated by law; incorporate an extensive and non-exhaustive list of protected characteristics; and explicitly prohibit direct and indirect discrimination, as well as segregation, victimization and retaliation against those who invoke their rights. 7. Both the ICERD and the International Covenant on Civil and Political Rights (ICCPR) expressly prohibit the propagation of racist and xenophobic ideas, as well as the advocacy of national, racial or religious prejudice constituting incitement to discrimination, hostility or violence. Article 4 of ICERD imposes upon States Parties an obligation to adopt immediate and positive measures to eradicate incitement to, and acts of, racial discrimination. Specifically, it requires States to criminalize: the dissemination of ideas founded upon racial superiority or hatred; incitement to racial discrimination; and acts of violence — or incitement thereto — directed against any race or group of persons on the basis of colour or ethnic origin. 8. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred constituting incitement to discrimination, hostility or violence provides further elaboration of States' obligations under Article 2(1) of the ICCPR. In particular, it draws a critical analytical distinction between the negative duty of States to refrain from engaging in discriminatory conduct and their positive duty to enact legislative and other protective measures to prevent and remedy such conduct by others. This distinction is of considerable practical significance for the design of effective domestic legal frameworks. 9. The Special Rapporteur further recalls that the Human Rights Committee, in its general comment No. 18 (1989), affirmed that the realization of the principles of equality and non-discrimination cannot be achieved through passive abstention alone. Rather, the attainment of substantive equality requires States to take deliberate and targeted positive action, including through legislative, administrative and policy measures, to address structural and systemic forms of discrimination. 10. Racist incitement may manifest both explicitly and implicitly, including through indirect or coded language. In its general recommendation No. 35 (2013), the CERD advised that criminal penalties should be reserved for the most serious cases, proven beyond reasonable doubt, and must in all instances conform to the principles of legality, proportionality and necessity. Cases of lesser severity should be addressed through noncriminal measures. 11. The Special Rapporteur cautions that prohibitions on racist or intolerant speech must not be instrumentalized as a pretext for the illegitimate restriction of freedom of expression, particularly where such restrictions operate to the detriment of marginalized racial or ethnic groups — including in the context of expressions of protest, social discontent or political opposition. Equally, however, the rights to freedom of expression and association may not be invoked as a shield for conduct that violates the rights of others to equality and nondiscrimination. In this regard, the CERD has emphasized that while Article 4 of ICERD is central to the regulation of racist speech, it must be read in conjunction with other provisions of the Convention and regard to the principles embodied in the Universal Declaration of Human Rights. Article 4 expressly references Article 5, which guarantees equality before the law and the right to be free from racial discrimination in the enjoyment of all rights, including the right to freedom of expression. 12. These obligations require States to actively work toward eliminating discrimination in practice and ensuring the effective enjoyment of the rights to equality and nondiscrimination, encompassing both intentional and de facto racial discrimination. Articles 6 of ICERD and 2 of the ICCPR affirm that access to effective protection and remedies is as essential as legal prohibition. States must go beyond defining and banning discrimination — they are required to adopt positive measures to advance equality and respect for the dignity of the human person, particularly for groups subject to historical disadvantage or systemic exclusion. 13. The promotion of tolerance demands sustained investment in education and awareness. Article 26(2) of the Universal Declaration of Human Rights and Article 7 of 3