A/HRC/44/58 47. The Convention and the Covenant also impose strong limitations on the propagation of racist and xenophobic ideas, and outlaw the advocacy of national, racial or religious prejudices that amount to incitement to discrimination, hostility or violence. Speech that constitutes advocacy of antisemitic racial and religious prejudices that amount to incitement to discrimination, hostility or violence is thus unlawful and prohibited under the applicable legal frameworks. 48. In accordance with article 2 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination, Member States should not sponsor, defend or support racial discrimination by any persons or organizations, including those espousing racial superiority and intolerance. Article 4 of the Convention requires States parties to condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form. This means that States parties must take action to prohibit organizations meeting the conditions articulated in article 4 (b), including in contexts in which such organizations use antisemitic fervour to attempt to mainstream their extreme ideologies or racial, ethnic or religious hatred and intolerance. Legislation alone is not sufficient. Article 6 of the Convention makes clear that effective protection from and remedies for racial discrimination are just as important as formal provisions. 49. Article 4 of the Convention also requires States parties to undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination, and to make 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. The Committee on the Elimination of Racial Discrimination has recommended concrete guidance for States parties on the adoption of legislation combating racist speech falling under article 4, and the Special Rapporteur encourages States to review the Committee’s general recommendation No. 35 (2013) on combating racist hate speech in order to benefit from that guidance. In the general recommendation, the Committee highlights a number of factors that should inform the practice of Member States. Significantly, the Committee recalls that the proscription of racist hate speech and the flourishing of freedom of expression should be seen as complementary and not the expression of a zero-sum game. In paragraph 45 of the general recommendation, the Committee states that, instead, the rights to equality and freedom from discrimination, and the right to freedom of expression, should be fully reflected in law, policy and practice as mutually supportive human rights, as discussed in more detail below. 50. Article 19 of the International Covenant on Civil and Political Rights protects freedom of opinion and of expression, which may be subject to certain restrictions, but only such as are provided by law and are necessary for respect of the rights or reputations of others or for the protection of national security or of public order, or of public health or morals. Any restriction on freedom of speech must not only be a matter of necessity, but must be proportionately tailored to achieve the legitimate end that warrants the restriction.38 Article 20 of the Covenant states specifically that States parties must prohibit, by law, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. The Human Rights Committee and a number of other human rights mechanisms have interpreted this provision as creating a high threshold, because limitations on speech must remain exceptional. When individuals or groups meet this high threshold, however, including in the context of antisemitic hate speech, States must hold these actors to account for their violations of international human rights law. 51. Freedom of expression is also enshrined in the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee on the Elimination of Racial Discrimination has reiterated that freedom of expression is integrated into the Convention, and that the Convention contributes to a fuller understanding of the parameters 38 12 Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and expression, paras. 33–35. See also, for example, Velichkin v. Belarus (CCPR/C/85/D/1022/2001).

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