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 December 2018

Specifications

ISBN-13
9781107575691
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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.
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