080322Violations of norms on intolerance and incitement to hatred Unlawful expressions of intolerance and incitement to hatred. + - 0210 Discrimination Distinction, exclusion, restriction, unlawful treatment or preference based on a status and activities as a journalist, trade unionist or human rights defender, which discourages or prevents equal recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. 26 + Inclusions: hate speech23; incitement to hatred or violence 24; use of ultra-nationalistic rhetoric to stigmatize defenders supporting refugees, minorities and migrants25; Exclusions: Unlawful expressions of intolerance and incitement to hatred by a person which harm another person’s reputation, respect, confidence in which a person is held, or induce hostile or disagreeable opinions or feelings (0209); discrimination (0210); apply all exclusions listed in 08032 Inclusions: Discriminatory acts that constitute interference with freedom of opinion, undue restrictions of freedom of expression, interference with the media, denial of right of peaceful assembly, denial of right to form and join associations, interference with associations, such as but not limited to judicial harassment, disproportionately harsh penalties resulting from fake or staged 23 Hate speech – although not clearly defined in international instruments – encompasses the forms of incitement above, but is also used in a broader sense to include (negative or derogatory) speech about protected categories of people or groups. 24 “Incitement” or “incitement to hatred” is used in this Entry as short-hand for the prohibitions in ICCPR art 20(2) and similar prohibitions in art 4 of ICERD, i.e., advocacy of national, racial or religious hatred when it amounts to incitement to discrimination, hostility or violence. In the context of incitement violence refers to “the use of physical force or power against another person, or against a group or community, which either results in, or has a high likelihood of resulting in, injury, death, psychological harm, maldevelopment or deprivation.” (Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, A/67/357, para. 44(f).) 25 See, Report of the Special Rapporteur on the situation of human rights defenders, A/70/217. Para 71 26 Discrimination is differential treatment which has the purpose or effect of impairing or nullifying equal enjoyment of human rights, based on prohibited grounds. Prohibited grounds of discrimination include all internationally recognized grounds such as race, colour, sex, religion, language, political opinion, national or ethnic origin, descent, property or “other status”, including disability, age, nationality, marital/family status, sexual orientation, gender identity, health status, place of residence or economic and social situation. [CERD art. 1; see also ICCPR art. 2(1); ICESCR art. 2(2); CAT art. 1(1); CRPD art. 2; CEDAW art. 1; Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 7; Human Rights Committee, general comment No. 18, paras. 6 and 7. See also Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, A/67/357, para. 44(d).] 19