A/HRC/56/67 against antisemitism adopted by Austria, Romania, the United States of America and the European Union, the establishment of a nationwide network of antisemitism commissioners in public prosecutors’ offices in Germany and steps to ban the use of the Nazi salute and symbols in various countries, including Australia and Switzerland. IV. Applicable international legal framework 65. The Special Rapporteur recalls that the prohibition on racial discrimination is a peremptory norm of public international law. The most comprehensive prohibition of racial discrimination can be found in the International Convention on the Elimination of All Forms of Racial Discrimination. Other international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, also broadly enshrine the principle that all persons, by virtue of their humanity, should enjoy all human rights without discrimination on any grounds. By ratifying international human rights treaties, States undertake to respect, protect and fulfil the rights provided therein. 66. The obligation to respect requires that States refrain from discrimination in law, policy or practice. Under article 2 (1) of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties undertake to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, act in conformity with this obligation. That article also stipulates that States parties undertake not to sponsor, defend or support racial discrimination by any persons or organizations, including those espousing racial superiority and intolerance. 67. The State’s obligation to protect persons under their jurisdiction against discrimination by all other entities necessitates that States adopt comprehensive legislation that prohibits any discrimination and guarantees to all persons equal and effective protection against discrimination or adopt other measures as may be necessary to give effect to the rights established under international human rights mechanisms. The Office of the United Nations High Commissioner for Human Rights has developed a guide for States on developing comprehensive anti-discrimination legislation. The guide contains the recommendation that, to be comprehensive, anti-discriminatory legislation should define and prohibit all forms of discrimination arising on the basis of all grounds recognized under international law and in all areas of life regulated by law. The guide also contains the recommendation that anti-discrimination legislation prohibit discrimination on the basis of an extensive and open-ended list of characteristics. According to the guide, legislation should prohibit both direct and indirect discrimination, segregation, victimization and retaliation. 68. The International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights both impose prohibitions 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. Article 4 of the Convention requires States parties to adopt immediate and positive measures designed to eradicate all incitement to or acts of discrimination and to declare punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination and 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 provided specific guidance for States parties on the adoption of legislation combating racist speech. For determining what racist expression should be punishable by law, the Committee stresses the importance of context, which includes: (a) the content and form of the speech; (b) the economic, social and political climate; (c) the position or status of the speaker; (d) the reach of the speech; and (e) the objectives of the speech.2 In line with the approach of the Committee on the Elimination of 2 GE.24-08848 Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013) on combating racist hate speech, para. 15. 13

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