A/74/253
anti-Semitic incidents with known connections to extremists or extremist groups since
2004. 27
43. As highlighted in the previous reports of the mandate holder (A/HRC/26/50 and
A/HRC/29/47), Holocaust denial – an attempt to negate the established facts of the
Nazi genocide of European Jews, Roma, gays and lesbians, and political opponents –
contributes to perpetuating long-standing anti-Semitic prejudices and stereotypes of
Jews that were instrumental in laying the groundwork for the Holocaust. The Special
Rapporteur expresses deep concern over the rise in Holocaust denials, anti-Semitic
vandalism and the use of anti-Semitic symbols. A recent study shows a dramatic
increase in the number of Holocaust denials observed on social media from January
2016 to January 2018. 28 The study reveals that from 1 to 24 January 2018, an average
of 108 posts per day denied the Holocaust. During this period, 2,600 posts outright
denied the Holocaust or insisted that Jews exaggerated the Holocaust and the number
of victims, while 13,200 other posts used symbols or signs related to the Holocaust
or Nazis. Some countries, including Germany, France, Belgium, Poland, Czechia,
Hungary and Romania, criminalize Holocaust denial directly or through legislative
provisions prohibiting hate speech. However, many countries have yet to enact such
laws. 29
IV. Applicable racial equality framework
44. The Special Rapporteur recalls that international human rights law is based on
the premise that all persons, by virtue of their humanity, should enjoy all human rights
without discrimination on any grounds. Article 1, paragraph 1, of the International
Convention on the Elimination of All Forms of Racial Discrimination prohibits racial
discrimination, and defines it as “any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal
footing, of human rights and fundamental freedoms in the political, economic, social,
cultural or any other field of public life”. The Human Rights Committee and the
Committee on Economic, Social and Cultural Rights have reiterated that the rights
outlined in the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social, and Cultural Rights must be guaranteed
to everyone, including non-citizens and persons belonging to racial, ethnic and
religious minorities. 30 The Special Rapporteur highlights that the prohibition on racial
discrimination in international human rights frameworks aims to guarantee
substantive equality rather than a formal approach to equality, 31 therefore requiring
States to take action to combat intentional or purposeful racial discrimination, as well
as de facto or unintentional racial discrimination.
45. With respect to anti-Semitic violence, the International Convention on the
Elimination of All Forms of Racial Discrimination and the International Covenant on
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27
28
29
30
31
19-12969
Ibid.
World Jewish Congress, “Anti-Semitic symbols and Holocaust denial in social media posts”
(2018). Available at www.worldjewishcongress.org/download/3KVjYgi8FNOTxdWd5HeFPw.
ECIVIS and others, “Comparative study on legislation sanctioning hate speech and
discrimination in the member states of the European Union” (2014). Available at
http://discursfaradiscriminare.ro/wp-content/uploads/2014/10/Comparative-Study.pdf.
See Human Rights Committee, general comment No. 15 (1986) on the position of aliens under
the Covenant, paras. 1–2; ibid., general comment No. 23 (1994) on the rights of minorities,
paras. 4–5; Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009)
on non-discrimination in economic, social and cultural rights, paras. 24 and 30.
Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009)
on the meaning and scope of special measures in the Convention , paras. 6–10.
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