A/HRC/55/47
16/18 in subsequent resolutions of the Council and General Assembly, 75 as well as broader
concepts such as intersectionality, transformative justice and substantive equality, 76 are
provided below as a basis for further engagement and reflection.
44.
The impulse to address root causes is not a novel one in the field of human rights.
Several general recommendations by the Committee on the Elimination of Racial
Discrimination outline the breadth of efforts required if States are serious in addressing
hatred. The comprehensive nature of the steps called for by articles 4 through 7 of the
International Convention on the Elimination of All Forms of Racial Discrimination draws
attention to the fact that prohibiting speech is of little avail in the absence of other
comprehensive measures. For example, with regard to discrimination against Roma, the
Committee recommended that States parties: review and amend legislation; adopt and
implement appropriate strategies, programmes and projects; express “determined political
will and moral leadership” to protect Roma from discrimination; establish genuine dialogue
with the communities to improve relations and address prejudices; establish dialogue
between the communities and the police; adopt measures in the educational field to support
Roma children with quality education and to cooperate with parents; review textbooks and
the ensure inclusion of material on Roma history and culture; improve living conditions;
promote employment, including through special measures, where appropriate; avoid
segregation in housing; promote health; adopt and implement special measures in the field
of media; develop campaigns for public awareness and facilitate their access to the media;
and develop measures regarding participation in public life and in government bodies.77
45.
The Committee on the Elimination of Racial Discrimination also proposed similar
comprehensive steps on discrimination based on “descent”, including: incorporation of an
explicit prohibition; conducting periodic surveys on discrimination and providing
disaggregated information on their distribution and conditions; formulating and actioning a
comprehensive national strategy, including through special measures; and organizing
training programmes “with a view to preventing injustices based on prejudice”.78
46.
The above proposals speak to the robust nature of measures that need to be taken to
address prejudice, far beyond the imperative to address hate speech. It also speaks to the
apposite observation in the Rabat Plan of Action to insist on comprehensive assessments of
related situations in order to avoid the pervasive “dichotomy of (1) non-prosecution of ‘real’
incitement cases; and (2) persecution of minorities under the guise of domestic incitement
laws”.79
47.
The actions called upon in the annual resolutions adopted since 2011 by the Human
Rights Council and the General Assembly on combating intolerance, negative stereotyping,
stigmatization, discrimination, incitement to violence and violence against persons based on
religion or belief, as well as related thematic reports,80 serve as inspiration for the framework
for transformative approaches, as outlined below.
1.
Creation of collaborative networks to build mutual understanding, promoting
dialogue and inspiring constructive action towards shared policy goals and the pursuit
of tangible outcomes
48.
Initiatives have included the creation of interfaith forums,81 outreach from the police
to religious communities regarding hate crimes82 and educational programmes aimed at the
75
76
77
78
79
80
81
82
GE.23-25950
See https://www.ohchr.org/en/minorities/combating-intolerance-against-persons-based-religion-orbelief.
See https://doi.org/10.1093/icon/mow043.
Committee on the Elimination of Racial Discrimination, general recommendation No. 27 (2000).
Committee on the Elimination of Racial Discrimination, general recommendation No. 29 (2002),
paras. 1 (b), (e) and (j) and 5 (y).
A/HRC/22/17/Add.4, appendix, para. 11.
See https://www.ohchr.org/en/minorities/combating-intolerance-against-persons-based-religion-orbelief.
A/HRC/49/86, para. 6.
Ibid., para. 5.
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