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A Commentary on the International Covenant on Civil and Political Rights Published online by Cambridge University Press: 11 June 2020
Article 20(2) mandates that any ‘advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law’.
Although Article 20 addresses both racial hatred and religious hatred, they possess different characteristics, and restrictions on each give rise to a dissimilar set of implications. This is reflected in the development of UN instruments on the subject. Following various anti-Semitic incidents in the early 1960s, the General Assembly passed a resolution calling for the preparation of a draft Declaration and a draft Convention on the elimination of religious intolerance. Simultaneously, a draft Declaration and a draft Convention were advanced on the elimination of racial discrimination in the knowledge that issues of racial discrimination could be progressed swiftly with the removal of content relating to religious intolerance.
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