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Elimination of Racial Discrimination, taking into account the following factors:
context; speaker; intent; content and form; extent of the speech act; a nd likelihood,
including imminence. The consultative process undertaken in the context of creating
the Plan of Action was aimed at enhancing understanding of the relationship between
freedom of expression and incitement to hatred. In paragraph 11 of the Plan of Action,
concern was expressed that perpetrators of incidents that were in violation of article
20 of the International Covenant on Civil and Political Rights were often not punished
and, at the same time, that de facto persecution persisted, through the abuse of vague
domestic legislation, jurisprudence and policies. It was also found that anti -incitement
laws in countries worldwide were at times excessively narrow or vague. It was
recommended in paragraph 21 of the Plan of Action that domestic legal frameworks
on incitement to hatred expressly refer to article 20, paragraph 2, of the Covenant and
include robust definitions of key terms such as “hatred”, “discrimination”, “violence”
and “hostility” as defined in the Camden Principles on Freedom of Expr ession and
Equality. 40
56. With respect to remedial measures for victims of anti-Semitic hate crimes and
hate speech, article 6 of the International Convention on the Elimination of All Forms
of Racial Discrimination and article 2 of the International Covenant on Civil and
Political Rights require States parties to ensure that everyone within their jurisdiction
has access to effective protection and remedies through competent tribunals and other
State institutions. As mentioned above, article 6 of the International Convention on
the Elimination of All Forms of Racial Discrimination further states that victims of
racial discrimination must also have the right to seek adequate reparation or
satisfaction for any discrimination they experience.
57. Finally, the Special Rapporteur notes that international human rights law
underscores the role of education in promoting tolerance. Article 26, paragraph 2, of
the Universal Declaration of Human Rights stipulates that education shall promote
understanding, tolerance and friendship among all nations, racial or religious groups.
Article 7 of the International Convention on the Elimination of All Forms of Racial
Discrimination requires States parties “to adopt immediate and effective measures,
particularly in the fields of teaching, education, culture and information, with a view
to combating prejudices which lead to racial discrimination and to promoting
understanding, tolerance and friendship among nations and racial or ethnical groups ”.
Paragraph 95 of the Durban Declaration recognizes that education is a key to changing
attitudes and behaviour based on racism, racial discrimination, xenophobia and
related intolerance, promoting tolerance and respect for diversity in societies and
friendship among all nations, racial or religious groups. Paragraph 97 of the
Declaration spells out the importance of human rights education, especially among
children and young people, in the prevention and eradication of all forms of
intolerance and discrimination.
V. Recommendations
58. The Special Rapporteur recommends that Member States take concrete
actions to combat and to prevent manifestations of anti-Semitism in accordance
with international human rights standards, and to provide effective remedies to
those who have experienced anti-Semitic human rights violations.
59. The Special Rapporteur calls upon States to elaborate legal or
constitutional provisions to prohibit organizations and associations that incite
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19-12969
Article 19, “Camden Principles on Freedom of Expression and Equality” (2009). Available at
www.article19.org/resources/camden-principles-freedom-expression-equality/. See also
E/CN.4/1996/39, annex, and A/67/357, paras. 39–45.
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