2019
The International Covenant on Civil and Political Rights and the ‘Right to be Protected against Incitement
Publication
Publication
Journal of Law, Religion and State , Volume 7 p. 89- 103
Article 20(2) of the un’s International Covenant on Civil and Political Rights (iccpr) is an odd human rights clause. It provides that “[a]ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Accordingly, this provision does not appear to codify a fundamental right but rather a sui generis state obligation. The present article aims at providing a legal taxonomy of this international incitement clause, ultimately also answering the question as to whether, despite its unique formulation as speech prohibition, it contains a justiciable right to protection from incitement.
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| doi.org/10.1163/22124810-00701005, hdl.handle.net/1765/115807 | |
| Journal of Law, Religion and State | |
| Organisation | Erasmus School of Law |
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Temperman, J. (2019). The International Covenant on Civil and Political Rights and the ‘Right to be Protected against Incitement. Journal of Law, Religion and State, 7, 89–103. doi:10.1163/22124810-00701005 |
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