A/HRC/59/63
Serbia
32.
Serbia reported that article 49 of its Constitution prohibited and punished several acts
relating to racial discrimination and related intolerance. Serbia also reported that its Criminal
Code criminalized racial and other forms of discrimination; incitement to racial, ethnic,
religious or other inequality, hatred and intolerance; and action to ruin a person’s reputation
motivated by racial, religious, ethnic and/or other bias. The Criminal Code also reportedly
provides that if a criminal offence was committed in hatred, due to the race, religion, national
or ethnic origin, sex, or sexual orientation or gender identity of another person, the court is
to consider such circumstance as an aggravating circumstance, unless it is prescribed as an
element of the criminal offence. Serbia reported that, while not expressly criminalized by the
Criminal Code, hate speech was prohibited under the Constitution, the Law on the Prohibition
of Discrimination and the Law on Public Information and the Media. Serbia also reported
that its Law on Sports prohibited discrimination and hate speech and its Law on Prevention
of Violence and Misconduct at Sports Events established measures to prevent violence and
misconduct at sporting events.
33.
Serbia also provided information about non-legislative measures – for example,
training and guidelines for judges and prosecutors on the prosecution of hate crimes.
Spain
34.
Spain reported that despite progress made, racism, xenophobia and intolerance
remained serious issues in Spain. The submission describes how discrimination and racist
violence are fuelled by the rise in extremist groups, such as neo-Nazis and skinheads, and
their adept use of online platforms. Spain reported that these groups exploited social and
political polarization to spread hate, recruit members and radicalize followers. The
submission highlights growing challenges posed by their online presence, by the
globalization of related ideologies, and by the use of new technologies, including artificial
intelligence. Spain reported that ultra-right extremist groups had increasingly focused on
antisemitism in recent years, making indirect references to Jews and spreading conspiracy
theories. Spain reported a rising trend of using coded or derogatory language to refer to
minorities to evade social media moderation.
35.
The submission also provided information about legislative and policy measures in
Spain to address discrimination and racist violence. These include the Penal Code,
criminalizing incitement to hatred; Organic Law No. 4/2000 on foreigners’ rights and
integration; Law No. 62/2003 on equal treatment; Law No. 39/2015 on complaints of
discrimination; and Law No. 15/2022 on equal treatment and non-discrimination, which
created the Independent Authority for Equal Treatment; a draft organic law against racism;
and the Strategic Framework for Citizenship and Inclusion against Racism and Xenophobia
(2023–2027).
Switzerland
36.
Switzerland reported having adopted a strategy against racism and antisemitism in
2024 and stated that its Federal Office of Police funded security measures for minorities with
special protection needs. Switzerland reported that in response to rising antisemitic incidents
linked to the situation in Gaza, spending on such measures had doubled. Switzerland reported
a sharp increase in antisemitism and racist hate speech online, and a national survey on
diversity and coexistence showed growing hostility.
37.
Switzerland outlined its second action plan (2023–2027) on preventing and combating
radicalization, which was focused on the radicalization of young people and the Internet and
social media. In December 2024, the Federal Council reportedly introduced a draft law on
prohibiting and fining the public use of Nazi symbols.
38.
Switzerland reported that it was prioritizing the regulation of online intermediaries,
such as Google, Facebook, YouTube and X, with the aim of strengthening user rights and
transparency. It also highlighted its anti-racism service’s support for monitoring and
awareness-raising projects, including a 2025 study on anti-Muslim racism in Switzerland in
partnership with the Swiss Centre for Islam and Society.
6
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