30. 正如宗教或信仰自由特别报告员所强调，各国以防止和打击暴力极端主义为名，对禁止“仇恨言论”法意欲保护的少数群体动用这些法律。在某些情况下，禁止“仇恨言论”法甚至被用于限制少数群体成员宣传其文化和身份，或限制其表达对受到多数人歧视的关切。65 无论“极端”如何定义，仅仅持有或和平表达“极端”观点绝不应被定罪，除非结合了暴力或犯罪活动。和平谋求政治、宗教或任何其他议程——即便该议程与政府的宗旨相左并被视为“极端”——必须受到保护。政府应驳斥意见，但不应试图阻止对非暴力观点和意见的讨论。66 法治国家绝不能钳制思想和信仰，更不能就此加以定罪。67
30. As highlighted by the Special Rapporteur on freedom of religion or belief, States use “hate speech” laws against the very minority groups that those laws have been designed to protect, framed by the justification of preventing and countering violent extremism. In some cases, “hate speech” laws are even used to restrict members of minority groups from promoting their culture and identity or from expressing concern about discrimination against them by the majority.65 Simply holding or peacefully expressing views that are considered “extreme” under any definition should never be criminalized, unless they are associated with violence or criminal activity. The peaceful pursuance of a political, religious or any other agenda – even where that agenda is different from the objectives of the Government and considered to be “extreme” – must be protected. Governments should counter ideas that they disagree with but should not seek to prevent the discussion of non-violent ideas and opinions.66 In a State governed by the rule of law, thought and belief can never be limited, let alone criminalized.67