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  3. Religious Hatred and International Law
  • Cited by 22
Publisher:
Cambridge University Press
Online publication date:
October 2015
Print publication year:
2015
Online ISBN:
9781316440513
DOI:
https://doi.org/10.1017/CBO9781316440513
Subjects:
Public International Law, Law, Human Rights, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law (118)
Information

Book description

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.

Reviews

'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 Source: Law Library Journal

'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 Source: Canadian Law Library Review

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