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resolved through conciliation, which crimination (Articl e ab) concerning
may include financial compensation. disseminating ideas based on racial
For example, one case before the superiority) and lnternational Con-
commission concerned two Nigerian vention on Civil and Political Rights
men who alleged that their employer
had used racial slurs against them. Af- (Articl e 19, which concerns advocat-
ter conciliation, the company agreed ing national or religious hatred that
to pay them financial compensation, constitutes incitement discrimina-
issue a written apology, and provide tion, hostility, or violence).(3) Moreo-
anti-discrimination training to staff.(') ver, in pluralistic societies, there is a
ln another case a columnist and polit- need to balance between the right to
ical commentator was ruled to have freedom of expression and the harm
breached the Racial Discrimination to individuals or marginalized com-
Act over two articles he had written
munities and society at large.(o) ln the
concerning Iight skinned Aboriginals.
The judge saw that "the articles were Bropho v Human Rights Commis-
not written in good faith and con- sion case, the court ruled that certain
tained factual erro tt."(z) Moreover, types of speech that may cause harm
individual states have their own civil may be regulated in order to protect
political pluralism and tolerance.(t)
and criminal provisions against racist
How does this relate to tolerance
speech. and religious communities? There
seems to be a trend of introducing
Part of the justification is that religious vilification laws, which four
jurisdictions have in Australia.(6)ln
these restrictions upon speech are
based upon international standards Victoria, the relevant law reads:
and treaties that Australia is party
to, such as the lnternational Conven- Religious vilification unlawful
tion on the Elimination of Racial Dis-
8 (1) A person must not, on the
1- Australian Human Rights Commission,
"Racial Discrim ination," February 11 , 3- Katharine Celber, "Free Speech, Hate
Speech and an Australian Bill of RightS"
2015, https:llwww.humanrights.gov.au/ Drawing Board: An Australian Review of
Public Affairs 2, no.3 (2002): 1 1 1.
em p loyers/good- practice-good-busi ness-
factsheets/racial -d i scri m i nati on. 4- Martha C. Nussbaum, Constitutions and
Capabilities: "Perception"Against Lofty
2-"Bolt Breached Discrimination Act, Judge Formalism, 121 HARv. L. REV. 4,7 (2007).
Rules," Text, ABC News, September 28,
2011, https:l lwww.abc.net.au/newsl2011 - 5- Broph o, 204 A.L.R. 761 para. 65.
28 -09 I bo I t-fo u n d-gu ilty - of -b reac h i n g-
6- Queensland, Tasmania, Victoria and the
discri m i nation-a ct I 30259 1 8.
ACT
36
Dr. Jinan Bastaki
