A/HRC/26/50
39.
The Special Rapporteur welcomes the initiative of some countries which have made
a number of commitments to combat anti-Semitism through various measures, including
legislation, effective law enforcement, education and strengthening civil society. Holocaust
denial is explicitly considered a crime in several countries, including the Czech Republic,
France, Germany, Hungary, Israel, Lithuania, Luxembourg, Poland and Romania. The
Special Rapporteur emphasizes the importance of criminalizing the approval, denial or
belittlement of the Holocaust in national law, given that such denial could potentially
promote racist ideologies and hence constitute hate speech under article 4 (a) of the
International Convention on the Elimination of All Forms of Racial Discrimination.
40.
The Special Rapporteur notes that, although many countries commemorate the
Holocaust on a special day, manifestations of anti-Semitism, including conspiracy theories
involving Jews and Holocaust denial persist in societies across Europe. In the light of
worrying manifestations of Holocaust denial and trivialization in many different countries,
the Special Rapporteur recalls that education is one of the most effective ways of
countering such manifestations, and recommends that States ensure that education about
the Holocaust is included on school curricula.
41.
The Holocaust is a powerful reminder of the need to protect, promote and defend
human rights. The Special Rapporteur recalls that by promoting Holocaust remembrance,
Governments can also speak out against contemporary manifestations of racism, antiSemitism and other related intolerance.
VI. Good practices developed to counter extremist political
parties, movements and groups, including neo-Nazis,
skinhead groups and similar extremist ideological movements
42.
In the present section, the Special Rapporteur discusses some of the practices
developed by States and other stakeholders to counter extremist political parties,
movements and groups, including neo-Nazis, skinhead groups and similar extremist
ideological movements.
43.
The Special Rapporteur welcomes the legislative developments at the domestic level
in different countries. A growing number of States have either enacted specific laws or
included in their general Criminal or Penal Codes provisions on aggravating circumstances
for offences committed on the grounds of persecution or hatred based on gender, race,
nationality or religion, sexual orientation, migration status, or for the purpose of completely
or partially annihilating a national, ethnic, racial or religious group or individual. Similarly,
a number of States have included provisions in their migration and refugee statutes that
reaffirm the principle of non-discrimination and mandate the specific institutions in charge
of those issues to take all measures necessary to prevent discrimination against migrants
and refugees. Furthermore, a growing number of States prohibit racial discrimination,
xenophobia and homophobia in their Constitutions and in specific laws.
44.
Moreover, a growing number of States have incorporated the International
Convention on the Elimination of All Forms of Racial Discrimination into their national
legislation, and have recognized the competence of the Committee on the Elimination of
Racial Discrimination to receive and consider communications from individuals or groups
claiming to be victims of a violation by the State of any of the rights set forth in the
Convention.
10