Religious Hatred and International Law

The Prohibition of Incitement to Violence or Discrimination

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Religious Hatred and International Law by Jeroen Temperman, Cambridge University Press
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Author: Jeroen Temperman ISBN: 9781316452431
Publisher: Cambridge University Press Publication: October 9, 2015
Imprint: Cambridge University Press Language: English
Author: Jeroen Temperman
ISBN: 9781316452431
Publisher: Cambridge University Press
Publication: October 9, 2015
Imprint: Cambridge University Press
Language: English

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.

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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.

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