종교적 증오에 근거한 선동금지와 국제인권법

초록

Discrimination, hostility, and violence are often caused by religious hatred in the modern international community, particularly through hate speech and incitement against specific religious communities. In this context, this paper examines the system and content of international human rights law governing the prohibition of incitement based on religious hatred and analyzes its limitations, emphasizing its interpretation and application of Article 20 (2) of the International Covenant on Civil and Political Rights (ICCPR). The author analyzes in this article the tensions between the state's legal obligations and the individual's freedom of expression, as laid out in Article 20(2) of the ICCPR, and analyzes the individual communication cases presented to the United Nations Human Rights Committee regarding religious hatred, focusing on their application of the ICCPR Article 20(2). By reviewing the jurisprudence and the relevant legal standards that have been established through the case laws of the Human Rights Committee and the General Comment, this article tried to crystallize the current law and practice of international human rights law, and its limitations.

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