E/CN.4/1992/52
page 134
8.
In a recent case the High Court of Justice again affirmed the vital
importance of freedom of speech and at the same time acknowledged that such
freedom could be limited when it constitutes a 'near certainty of real harm to
the social order'. The Court stated:
'There was no need, in Israel, with the tragic and traumatic
background of our people, to emphasize the utterly destructive influence
of the incitement of racial hatred. No other form of expression can so
effectively create violence, stir the lowest and most vile instincts in
human beings and lead to the degradation of sections of the population
against whom the propaganda is directed' (H.C.J. 399/85 41 PD (III) 255).
9.
On 3 January 1979, the State of Israel ratified the International
Convention on the Elimination of All Forms of Discrimination. Article 5 of
the Convention guarantees the 'right to freedom of thought, conscience and
religion'.1'
Luxembourg
"No."
Panama
"By Constitutional mandate, no steps have been taken in our country
against the expression of extremist or fanatical opinions which may lead to
religious intransigence or intolerance."
Portugal
See under (f).
Rwanda
"Apart from the constitutional guarantees mentioned above, other measures
are embodied in the Criminal Code, in the chapter dealing with slander and
insult, which contains provisions punishing religious intolerance as defined
in article 2 of the Declaration on the Elimination of All Forms of Intolerance
and of Discrimination Based on Religion or Belief.
Article 393
Anyone who, through defamation or public insult, expresses aversion or
hatred towards a group of persons belonging by origin to a particular race or
religion or who commits an act liable to provoke such aversion or hatred shall
be punished by imprisonment for from one month to one year and a fine not
exceeding 5,000 francs, or by one of these penalties alone.
The following shall also be liable to the same penalties or to one of
them alone:
1.
Any holder of public authority or citizen responsible for a public
service ministry who because of a person's origins or the fact that he does or
does not belong to a particular ethnic group, region, nation, race or religion
knowingly denies him a right to which he is entitled;