Religious Hatred and International Law
The Prohibition of Incitement to Violence or Discrimination
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- Author: Jeroen Temperman, Erasmus Universiteit Rotterdam
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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.Read more
- Unprecedented comparative analysis of 'incitement' offers an international understanding of the differences in treatment by the UN Human Rights Committee, CERD, and the ECHR
- Includes comparative analysis at the national level, with valuable insight into the vast and differing forms of state practice on how to tackle incitement
- Proposes a context-dependent risk assessment, showing the reader international law-based reflections on aggravating factors and penalties pertaining to the crime of incitement
Reviews & endorsements
'Temperman does a masterful job of blending textual analysis, legal scholarship, and the workings of the UN Human Rights Committee to support definitional foundations. This work is presented with thoroughness and clarity.' Paul F. McKenna, Law Library JournalSee more reviews
'Engaging a wide-ranging audience that includes jurists, academics, international human rights monitoring bodies, courts, and policy and law makers … In offering a thorough and critical examination of article 20(2) (of the UN International Covenant on Civil and Political Rights), Professor Temperman provides comprehensive insights regarding the regulations and interpretations of religion-based incitement offences. Noting the importance of balancing free speech with protection of minority rights that might be undermined by hateful, extremist factions, Professor Temperman urges the international community to consider carefully the[se] factors in achieving this delicate balance.' Zoë J. Zeng, Canadian Law Library Review
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- Date Published: November 2015
- format: Adobe eBook Reader
- isbn: 9781316455791
- contains: 1 b/w illus.
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
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:
10. The context of religious hatred
11. Holocaust denial and glorification of religious violence
Part V. Aggravating Factors and Sanctions:
12. Organized hatred
Part VI. Conclusion:
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