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racial, national or religious hatred. Since the implementation of the application of the Law
on Political Parties, no procedure to ban a political party had been registered.
89.
There were groups and movements that expressed their ideology through various
forms of racism, racial discrimination, xenophobia and intolerance. A significant part of their
activities, especially during the current epidemiological situation, was carried out on the
Internet. The Government reported on its strategic legislative and institutional framework for
the protection of the human rights of minorities and for combating discrimination and hate
speech. Although hate speech was not criminalized as a specific offence, the current legal
framework allowed for effective prosecution. Since the beginning of 2018, numerous
activities had been implemented to improve the capacity of relevant State authorities and
civil society organizations to enforce legal provisions covering hate speech. Measures had
been adopted to combat hate speech and discrimination in sports.
90.
Serbia reported on the measures and activities to combat discrimination against Roma.
A social dialogue on the theme “Hate speech, tolerance and Roma” was being organized to
analyse the results of efforts to combat discrimination and eliminate prejudice against Roma
and to seek solutions to strengthen and build new capacities in anti-discrimination policy.
Serbia continuously monitored the strategy for the social inclusion of Roma (2016 to 2025).
91.
To combat racist hate speech on online platforms, Serbia had ratified the Council of
Europe Convention on Cybercrime and the Additional Protocol thereto concerning the
criminalisation of acts of a racist and xenophobic nature committed through computer
systems. The special prosecutor’s office for cybercrime was specialized in cybercrime cases
and undertook measures against hate speech on the Internet. In July 2019, the Ministry of
Culture and Information, in cooperation with the Council of Europe Office in Belgrade, had
published the Serbian version of Protecting the Right to Freedom of Expression under the
European Convention on Human Rights, a Council of Europe handbook for legal
professionals. In the handbook, special attention was paid to combating violence, hate speech
and racism. A code of citizens’ rights on the Internet would be prepared, containing
recommendations for rules of conduct to protect the rights of citizens, especially children,
from hate speech and discrimination on any ground.
92.
In 2020, Serbia had adopted the working definition of antisemitism formulated by the
International Holocaust Remembrance Alliance. On 24 February 2020, it had adopted the
Law on the Staro sajmište Memorial Centre, a cultural institution to preserve the memory of
the victims of the former Nazi concentration camp. Projects to commemorate the victims of
the Holocaust and crimes against humanity during the Second World War were continuously
supported.
Spain
93.
The Government of Spain stated that the Criminal Code contained provisions to
prevent and combat hate speech, as well as to prevent its dissemination. Article 510 (1) of
the Criminal Code criminalized discrimination as a preventive measure to combat hate
speech, whether on racial or antisemitic grounds or other grounds relating to ideology,
religion, beliefs or family situation. The article also prohibited hate speech through the
Internet.
94.
Legislation was also in place to combat extremist groups of a racist or xenophobic
nature, including neo-Nazis or similar groups. The definition of unlawful associations
contained in article 515 of the Criminal Code referred to those that “promote or incite directly
or indirectly hatred, hostility, discrimination or violence against persons or groups of persons
because of their ideology, religion or beliefs”. The parliament was in the process of proposing
a comprehensive law containing a set of regulations that would comprise both the
fundamental decisions of Spanish anti-discrimination law and its basic guarantees. In
accordance with article 9 (2) (a) of Organic Law No. 6/2002 of 27 June 2002, political parties
could be declared illegal if they engaged in the exclusion or persecution of people because
of their ideology, religion or beliefs.
95.
Those measures had been complemented by other good practices, such as an interinstitutional agreement to fight racism, xenophobia and intolerance, the creation of the
Council for the Elimination of Racial or Ethnic Discrimination, the elaboration of studies on
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