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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Keywords incitement – religion – Article 20(2) iccpr – religious hatred – freedom of expression
Persistent URL hdl.handle.net/1765/115807
Journal Journal of Law, Religion and State
Citation
Temperman, J.D. (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. Retrieved from http://hdl.handle.net/1765/115807