A/HRC/59/63 Serbia 32. Serbia reported that article 49 of its Constitution prohibited and punished several acts relating to racial discrimination and related intolerance. Serbia also reported that its Criminal Code criminalized racial and other forms of discrimination; incitement to racial, ethnic, religious or other inequality, hatred and intolerance; and action to ruin a person’s reputation motivated by racial, religious, ethnic and/or other bias. The Criminal Code also reportedly provides that if a criminal offence was committed in hatred, due to the race, religion, national or ethnic origin, sex, or sexual orientation or gender identity of another person, the court is to consider such circumstance as an aggravating circumstance, unless it is prescribed as an element of the criminal offence. Serbia reported that, while not expressly criminalized by the Criminal Code, hate speech was prohibited under the Constitution, the Law on the Prohibition of Discrimination and the Law on Public Information and the Media. Serbia also reported that its Law on Sports prohibited discrimination and hate speech and its Law on Prevention of Violence and Misconduct at Sports Events established measures to prevent violence and misconduct at sporting events. 33. Serbia also provided information about non-legislative measures – for example, training and guidelines for judges and prosecutors on the prosecution of hate crimes. Spain 34. Spain reported that despite progress made, racism, xenophobia and intolerance remained serious issues in Spain. The submission describes how discrimination and racist violence are fuelled by the rise in extremist groups, such as neo-Nazis and skinheads, and their adept use of online platforms. Spain reported that these groups exploited social and political polarization to spread hate, recruit members and radicalize followers. The submission highlights growing challenges posed by their online presence, by the globalization of related ideologies, and by the use of new technologies, including artificial intelligence. Spain reported that ultra-right extremist groups had increasingly focused on antisemitism in recent years, making indirect references to Jews and spreading conspiracy theories. Spain reported a rising trend of using coded or derogatory language to refer to minorities to evade social media moderation. 35. The submission also provided information about legislative and policy measures in Spain to address discrimination and racist violence. These include the Penal Code, criminalizing incitement to hatred; Organic Law No. 4/2000 on foreigners’ rights and integration; Law No. 62/2003 on equal treatment; Law No. 39/2015 on complaints of discrimination; and Law No. 15/2022 on equal treatment and non-discrimination, which created the Independent Authority for Equal Treatment; a draft organic law against racism; and the Strategic Framework for Citizenship and Inclusion against Racism and Xenophobia (2023–2027). Switzerland 36. Switzerland reported having adopted a strategy against racism and antisemitism in 2024 and stated that its Federal Office of Police funded security measures for minorities with special protection needs. Switzerland reported that in response to rising antisemitic incidents linked to the situation in Gaza, spending on such measures had doubled. Switzerland reported a sharp increase in antisemitism and racist hate speech online, and a national survey on diversity and coexistence showed growing hostility. 37. Switzerland outlined its second action plan (2023–2027) on preventing and combating radicalization, which was focused on the radicalization of young people and the Internet and social media. In December 2024, the Federal Council reportedly introduced a draft law on prohibiting and fining the public use of Nazi symbols. 38. Switzerland reported that it was prioritizing the regulation of online intermediaries, such as Google, Facebook, YouTube and X, with the aim of strengthening user rights and transparency. It also highlighted its anti-racism service’s support for monitoring and awareness-raising projects, including a 2025 study on anti-Muslim racism in Switzerland in partnership with the Swiss Centre for Islam and Society. 6 GE.25-07709

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