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Religious Hatred and International Law - The Prohibition of Incitement to Violence or Discrimination (Hardcover)
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Religious Hatred and International Law - The Prohibition of Incitement to Violence or Discrimination (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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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.
General
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