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The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. [3]
In 2011, the United Nations Human Rights Committee published their General comment No. 34 (CCPR/C/GC/34) – regarding Article 19 of the ICCPR. [ 20 ] Paragraph 47 states:
Article 20(2) of the ICCPR prohibits national, religious, or racial hatred that incites violence, discrimination, or hostility. [24] Most developed democracies have laws that restrict hate speech, including Australia, Canada, [25] Denmark, France, Germany, India, Ireland, [26] South Africa, Sweden, New Zealand, and the United Kingdom. [27]
The concept of "advocacy of hatred" introduced in the ICCPR is more specific than discriminatory speech described in the ICERD, since it is taken to require consideration of the intent of author and not the expression in isolation—this is because "advocacy" is interpreted in the ICCPR as requiring the intent to sow hatred. [31]
The ICCPR states the basic rules for the membership of the Human Rights Committee. Article 28 of the ICCPR states that the Committee is composed of 18 members from states parties to the ICCPR, "who shall be persons of high moral character and recognized competence in the field of human rights", with consideration "to the usefulness of the participation of some persons having legal experience."
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Moreover, the right to return in both the UDHR and the ICCPR was the basis for guaranteeing this right in recently signed peace agreements in order to resolve conflicts in Rwanda and Georgia, both of which produced hundreds of thousands of refugees and displaced persons. ...
The ICCPR entered into force for the initial ratifying states on 23 March 1976, and for additional states following their ratification. In 1999, the U.N. Human Rights Committee , which is charged with interpreting the treaty, issued its guidelines for Article 12 of the ICCPR in its "General Comment No. 27: Freedom of Movement".