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Freedom of Expression and Advocacy of Group Hatred

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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.

Affiliations: 1: Interdisciplinary Center Herzliya Israel


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