Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination

Human Rights › International Law

Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination

By Jeroen Temperman
Cambridge University Press October 2015

Specifications

ISBN-13
9781107124172
Publisher
Cambridge University Press
Publication
October 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence.

This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive.

The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

Table of Contents

1. Introduction

Part I. The Genesis of the Prohibition of Religious Hatred Constituting Incitement in International Law:
2. Pre-ICCPR developments
3. The drafting of Article 20(2) ICCPR

Part II. Preliminary Matters:
4. The mandatory nature of Article 20(2) ICCPR
5. Article 20(2) ICCPR: prohibition per se or also human right?
6. Comparative international perspectives: CERD and the European Court of Human Rights on the 'right to be free from incitement'

Part III. Legislative Obligations: Defining the Scope of the Offence of 'Advocacy of Religious Hatred that Constitutes Incitement':
7. The actus reus of 'advocacy of religious hatred constituting incitement': threshold, definitions, and concepts
8. National incitement law checklist

Part IV. Judging Incitement:
9. Intent
10. The context of religious hatred
11. Holocaust denial and glorification of religious violence

Part V. Aggravating Factors and Sanctions:
12. Organized hatred
13. Sanctions

Part VI. Conclusion:
14. Conclusion.
HKD 1,021.41 −3%
HKD 1,053.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Human Rights

View all
The Human Rights Principle of Indivisibility
Routledge

The Human Rights Principle of Indivisibility

Dorothea Anthony
HKD 1,954.55
Aboriginal Title
Oxford University Press

Aboriginal Title

P.G. McHugh
HKD 1,702.35
The European Convention on Human Rights, Volume I: Substantive Rights - A Case Commentary Pre-order
Edward Elgar Publishing

The European Convention on Human Rights, Volume I: Substantive Rights - A Case Commentary

Gerhard Kreutzer
HKD 3,909.10
Child Marriage, Rights and Choice: Rethinking Agency in International Human Rights
Routledge

Child Marriage, Rights and Choice: Rethinking Agency in International Human Rights

Hoko Horii
HKD 567.32
Unaccompanied Migrant Children and International Law: The Role of Strategic Litigation in Advancing Human Rights
Routledge

Unaccompanied Migrant Children and International Law: The Role of Strategic Litigation in Advancing Human Rights

Natale Serón Arizmendi
HKD 1,954.55
The Right to Democracy in International Law: Between Procedure, Substance and the Philosophy of John Rawls
Routledge

The Right to Democracy in International Law: Between Procedure, Substance and the Philosophy of John Rawls

Khalifa A. Alfadhel
HKD 1,954.55