A/HRC/23/34 constitutions protect the artistic freedom implicitly through the rights to freedom of expression, to participate in cultural life, to access culture and to cultural development. 8 B. Limitations to artistic freedoms 1. Standards on possible limitations 25. Article 4 of ICESCR authorizes “limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.” Limitations must be necessary and proportionate, and established by legal rules that are transparent and consistently applied in a non-discriminatory way.9 26. Under article 19 of ICCPR, the right to freedom of expression, including in the form of art, may be subject to certain restrictions that are provided by law and are necessary (a) for the respect of the rights or reputations of others; or (b) for the protection of national security or of public order, or of public health or morals. Responses to the questionnaire demonstrate that some constitutions mirror article 19 of ICCPR, while others regrettably go much further in the restrictions they allow. 27. Under article 20, any propaganda for war, as well as any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, shall be prohibited by law. 28. Over the last years, the meaning of articles 19 and 20 of ICCPR has been further clarified, in particular through General Comment 34 (2011) of the Human Rights Committee on article 19 of ICCPR, and the report of the Special Rapporteur on freedom of opinion and expression on the challenge to reconcile the need to protect and promote the right to freedom of opinion and expression and to combat discrimination and incitement to hatred (A/67/357).10 The Office of the High Commissioner for Human Rights conducted activities focused on the relationship between freedom of expression and hate speech, especially in relation to religious issues. The process culminated with the “Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”.11 29. Under article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, States, with due regard to the principles embodied in the UDHR, shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof. 30. These various texts set the parameters for defining possible limitations of artistic freedoms. 31. The Special Rapporteur notes in particular the recommendation to clearly distinguish among (a) expression that constitutes a criminal offence; (b) expression that is 8 9 10 11 All responses to the questionnaire are available on the website of the Special Rapporteur, at the following address: http://www.ohchr.org/EN/Issues/CulturalRights/Pages/SRCulturalRightsIndex.aspx. E/C.12/GC/21, para. 19. See also A/66/290. A/HRC/22/17/Add.4. 7