Combating Discrimination and Intolerence with a Free Speech Framework
[Article]
Agnès Callamard
Leiden
Brill
The objective of this article is to address the questions as to whether Articles 19 and 20 of the ICCPR are an indivisible whole, and particularly as to whether States can impose restrictions on freedom of expression without first embracing the full scope of such freedom? The overriding objective is to clarify the nature of the obligations of States under Article 20 (limitations as an option or an obligation) following a series of freedom of expression related incidents that have polarised societies, created tensions and fuelled xenophobia and racist attitudes and highlighted the substantive ambiguities as to the "demarcation line" between freedom of expression and hate speech, especially in relation to religious issues.