International 'Hate Speech' Provisions

AutorPaul Coleman
Páginas129-135

Page 129

aPPendices

appendix a

international “Hate speech” Provisions

international covenant on civil and Political rights (1966)

article 20(2)

Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

reservations:

australia. “Australia interprets the rights provided for by articles 19, 21 and 22 as consistent with article 20; accordingly, the Commonwealth and the constituent States, having legislated with respect to the subject matter of the article in matters of practical concern in the interest of public order (ordre public), the right is reserved not to introduce any further legislative provision on these matters.”

Belgium. “The Belgian Government declares that it does not consider itself obligated to enact legislation in the field covered by article 20, paragraph 1, and that article 20 as a whole shall be applied taking into account the rights to freedom of thought and religion, freedom of opinion and freedom of assembly and association proclaimed in articles 18, 19 and 20 of the Universal Declaration of Human Rights and reaffirmed in articles 18, 19, 21 and 22 of the Covenant.”

Luxembourg. “The Government of Luxembourg declares that it does not consider itself obligated to adopt legislation in the field covered by article 20 paragraph 1, and that

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article 20 as a whole will be implemented taking into account the rights to freedom of thought, religion, opinion, assembly and association laid down in articles 18, 19 and 20 of the Universal Declaration of Human Rights and reaffirmed in articles 18, 19, 21 and 22 of the Covenant.”

malta. “Article 20—The Government of Malta interprets article 20 consistently with the rights conferred by Articles 19 and 21 of the Covenant but reserves the right not to introduce any legislation for the purposes of article 20.”

new Zealand. “The Government of New Zealand having legislated in the areas of the advocacy of national and racial hatred and the exciting of hostility or ill will against any group of person, and having regard to the right of freedom of speech, reserves the right not to introduce further legislation with regard to article 20.”

united states of america. “That article 20 does not authorise or require legislature or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.”

united Kingdom. [Upon ratification:] “The Government of the United

Kingdom interpret article 20 consistently with rights conferred by articles 19 and 21 of the Covenant and having legislated in matters of practical concern in the interests of public order (ordre public) reserve the right not to introduce any further legislation. The United Kingdom also reserve a similar right in regard to each of its dependent territories.”

international convention on the elimination of all Forms of racial discrimination (1965)

article 4

States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:

a) Shall declare an offence punishable bylaw all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of...

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