Freedom of Expression and Advocacy of Group Hatred
General Material Designation
[Article]
First Statement of Responsibility
Natan Lerner
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill
SUMMARY OR ABSTRACT
Text of Note
Freedom of expression is a fundamental right, but not an absolute one, and is subject to limitations determined by law. Article 19 of the ICCPR permits certain restrictions and should be read in conjunction with Article 20, prohibiting advocacy of hatred that constitutes incitement to discrimination, hostility or violence. There should not be differences in the treatment of incitement to national, racial or religious hatred. Limitations on freedom of expression regarding other liberties permit to draw analogies. Article 4 of the Convention on Racial Discrimination and Article III of the Genocide Convention are relevant, and the discussion on the existence of an international public order has to be considered. The Genocide Convention refers equally to incitement against racial or religious groups. Frequently, ethnicity and religion overlap.
SET
Date of Publication
2010
Physical description
137-145
Title
Religion & Human Rights
Volume Number
5/2-3
International Standard Serial Number
1871-0328
UNCONTROLLED SUBJECT TERMS
Subject Term
genocide
Subject Term
hatred
Subject Term
Human Rights and Humanitarian Law
Subject Term
incitement to discrimination, hostility or violence