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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.
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