A/HRC/2/3 page 4 1. The current political and ideological context 5. Two key dimensions of the current ideological context constitute determining factors in the incitement to racial and religious hatred and in the political reading, interpretation and implementation of article 20 of the International Covenant on Civil and Political Rights: the impact of the combat against terrorism on human rights and the emergence of new forms of discrimination. 6. The combat against terrorism, in the aftermath of the events of 11 September 2001, has had two consequences whose scope is deeply transforming the whole fabric of international relations. A major negative impact is the trend and sometimes the ideological position of many Governments to consider that the security of the country and its people constitute the sum and substance of all human rights. Thus, all human rights guaranteed by international instruments are interpreted and implemented in the light of their relevance and contribution to the fight against terrorism. The respect and exercise of these rights are generally accompanied by restrictions and limitations. The fundamental value legitimizing these restrictions and limitations is the basic foundation governing the “living together” of all societies: the respect of the rights of others. The new ideological context is undermining precisely this ethical pillar of civilized society: restrictions and limitations are no longer considered valid and are indeed regarded as hindrances or obstacles to the priority of fulfilling one’s ideological and political interest. Each human right is now being interpreted and implemented as an absolute and isolated principle according to this interest. The principles of contradiction and confrontation, rather than the principles of conciliation and accommodation, are progressively determining the approach to and the reading of the different human rights. 7. The emergence of new forms of discrimination also constitutes a negative consequence of the priority given to the combat against terrorism. The ethnic, cultural and religious background of the perpetrators of the events of 11 September 2001 has revived and relegitimized historic forms of discrimination. Entire communities - cultural and religious groups - have been since depicted as potential terrorists. The new dimension of discrimination is structured around two intellectual and political mechanisms: the collective responsibility for individual acts and the amalgamation of the factors of race, culture and religion. Discrimination is practised based on the two main national issues that Governments consider to be threatened by terrorism: security and identity. In this regard, with the proclaimed motivation of preserving national security, Governments have adopted policies gradually curtailing or disregarding civil and political rights or selecting those rights more fitting to that goal. In the same spirit, on the grounds of protection of national identity, cultural, social and economic rights, particularly those guaranteeing the rights of national minorities, immigrants and foreigners, are deliberately violated or marginalized. Rights related to culture and religion are particularly targeted. A major consequence of the impact of the combat against terrorism on human rights has been the marginalization of the Durban Declaration and Programme of Action. 8. The understanding of this political and ideological context, which favours the incitement to racial and religious hatred, is key in the analysis of the close link existing between the issue of defamation of religions and the right to freedom of expression. This is indicated by the latest controversies about the caricatures of the Prophet Muhammad published by the Jyllands-Posten newspaper in Denmark. The political and ideological approach to human rights has been

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