Citation

Temperman J. J. Law Relig. State 2019; 7(1): 89-103.

Copyright

(Copyright © 2019, Brill Academic Publishers)

DOI

10.1163/22124810-00701005

PMID

unavailable

Abstract

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.

Language: en