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 __________________ 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. 13/19

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