used to spread and fuel hatred against human rights defenders who belong to or are associated with such groups. Moreover, measures in place to combat incidences of incitement to discrimination, hostility or violence against human rights defenders, where such acts are motivated by intolerance towards a particular social group to which the human rights defender belongs or is associated with, often lack effectiveness. 125. In general, stigmatization and smear campaigns create an atmosphere that pro- vokes verbal or physical attacks against human rights defenders and encourages their harassment and persecution, thereby putting their security at risk. 126. The UN Human Rights Council has urged states “to acknowledge publicly the important and legitimate role of human rights defenders in the promotion of human rights, democracy and the rule of law as an essential component of ensuring their protection, including by respecting the independence of their organizations and by avoiding the stigmatization of their work”.174 The Human Rights Council has invited leaders in all sectors of society and respective communities, including political, social and faith leaders, and leaders in business and media, to express public support for the important role of human rights defenders and the legitimacy of their work.175 127. Manifestations by state or non-state actors that meet the threshold of advocacy to hatred on national, racial or religious grounds, and which constitute incitement to discrimination, hostility or violence, must be prohibited by law, as required by Article 20 of the ICCPR.176 As the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has pointed out, such laws must be carefully construed and applied by the judiciary to ensure that they do not curtail legitimate types of expression in contravention of Article 19 of the ICCPR.177 128. In order to combat incitement to national, racial or religious hatred, including when directed against human rights defenders, such laws should be complemented by appropriated awareness-raising and capacity-building measures as recommended, 174  UN Human Rights Council Resolution A/HRC/RES/22/6, preamble. 175  Op. cit. A/HRC/RES/22/6, para. 18. Likewise, in its resolution on women human rights defenders the UNGA also invited military leaders to publicly express support for the role of women human rights defenders in particular (see A/RES/68/181, para. 15). Concerning the impact of racist, sexist and other types of bias among representatives of state authorities, including law enforcement agencies and judicial officials, on the political will to condemn, investigate and prosecute instances of threats and violence directed at human rights defenders working on minority rights and gender issues, see also the section on “Criminalization and arbitrary and abusive application of legislation” above. 176  In accordance with their obligation under Article 20 of the ICCPR, OSCE participating States have committed to “take effective measures, including the adoption, in conformity with their constitutional systems and their international obligations, of such laws as may be necessary, to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-semitism”. See Copenhagen 1990 para. (40.1); see also ­Geneva 1991. 177  Report of Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/67/357, 7 September 2012, para. 76 and 77. Guidelines on the Protection of Human Rights Defenders 65

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