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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
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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.
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