A/74/358 been suggested by the Human Rights Committee, by the Committee on the Elimination of Racial Discrimination and in the Rabat Plan of Action that an intent to incite discrimination, hostility or violence should be required if speech or other forms of incitement are to be criminalized under international standards. 85 Furthermore, in the Rabat Plan of Action, it is recommended that domestic legal frameworks on incitement to hatred expressly refer to article 20 (2) of the Covenant and include robust definitions of key terms such as “hatred”, “hostility”, “advocacy” and “incitement” as defined in the Camden Principles on Freedom of Expression and Equality. Accordingly, States should aim to combat speech that does not meet the threshold set out in article 20 (2), primarily through counter-speech and educational measures, in line with international human rights standards. 71. The Special Rapporteur notes that both impunity for antisemitic hate crimes and the suppression of speech that does not carry criminal intent can undermine the urgent efforts needed to combat antisemitism. He therefore underscores the importance of taking urgent action to address antisemitism and of doing so within a wider human rights framework. As noted in OSCE Ministerial Council decision 10/7 of 30 October 2007, while the specificities of different forms of intolerance must be acknowledged, it would be important to take a “comprehensive approach and [address] cross-cutting issues in such fields as, inter alia, legislation, law enforcement, da ta collection and monitoring of hate crimes, education, media and constructive public discourse and the promotion of inter-cultural dialogue, in order to effectively combat all forms of discrimination”. 72. Moreover, the civil society actors engaged for this report stressed the importance of education and highlighted effective pedagogical methods, emphasizing that teaching about antisemitism should aim to engender empathy for victims of antisemitism and other forms of discrimination/hatred while avoiding perpetuating victimhood of Jews, and that some approaches to Holocaust education without fostering critical thinking created the risk of reinforcing a negative image of Jews. An empathetic approach, they noted, can foster positive attitudes towards diversity. 73. The Special Rapporteur also commends the recognition by the Secretary General that the threat of antisemitism requires the urgent and committed attention not just of all Member States, but of the United Nations itself. 86 In this regard, the Special Rapporteur notes the recent launch of the United Nations Strategy and Plan of Action on Hate Speech. Soft law instruments and guidance documents developed under the auspices of the United Nations 87 can provide essential guidance for strategies to combat antisemitism and other forms of intolerance. VI. Recommendations 74. The Special Rapporteur urges States, civil society, the media and the United Nations to follow a human rights-based approach to combating antisemitism. Such an approach includes implementing measures that foster the development __________________ 85 86 87 20/23 The term “advocacy” necessarily implies intention. See A/HRC/22/17/Add.4, appendix, para 29, and, more generally, general comment No. 34 (2011) of the Human Rights Committee. In addition, in its general recommendation No. 35 (2013), the Committee on the Elimination of Racial Discrimination published guidance that States parties should recognize as “important elements” of any offence of incitement “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”. See www.un.org/sg/en/content/sg/speeches/2017-01-27/secretary-generals-memory-victimsholocaust-remarks. See e.g. A/HRC/22/17/Add.4, appendix; A/HRC/40/58, annexes I and II; and Human Rights Council resolution 16/18. 19-16257

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