A/74/253 Civil and Political Rights require States parties to take immediate action to end and remediate violent attacks against Jews. Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination creates an obligation for States parties “to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction a s to race, colour, or national or ethnic origin, to equality before the law” in the enjoyment, inter alia, of “the right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution”. Article 9 of the International Covenant on Civil and Political Rights also grants everyone the right to liberty and security of person. The Human Rights Committee has stated that “the right to security of person protects individuals against intentional infliction of bodily or mental injury, regardless of whether the victim is detained or non-detained”, and that the Covenant requires States parties “to protect individuals from foreseeable threats to life or bodily integrity proceeding from any governmental or private actors”. 32 Furthermore, the Human Rights Committee has stated that “States parties must take both measures to prevent future injury and retrospective measures, such as enforcement of criminal laws, in response to past injury”. 33 46. The International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights both 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 anti-Semitic racial and religious prejudices that amount to incitement to discrimination, hostility or violence is therefore unlawful and prohibited under the applicable legal frameworks. 47. Article 2, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination stipulates that States parties should not participate in, sponsor or defend persons or organizations 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 that meet the conditions articul ated in article 4 (b), including in contexts in which such organizations use anti -Semitic 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. 48. Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination also requires States parties 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 general recommendation No. 35 (2013) on combating racist hate speech in order to benefit from that guidance. The Committee highlights a number of factors that should __________________ 32 33 14/19 Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para. 9. Ibid. 19-12969

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