The Legal Regulation of Hate Speech: The International and European Frameworks

Original scientific paper
https://doi.org/10.20901/pm.55.4.08

Natalie Alkiviadou ; School of Law, University of Central Lancashire Cyprus

Fulltext: english, pdf (330 KB) pages 203-229 cite

Abstracts
This paper looks at the tools available on an international and European level in relation to the legal regulation of hate speech. More particularly, it considers the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination along with related case-law of the respective monitoring committees. It looks at the European Convention on Human Rights and how the European Court of Human Rights interprets the limits of free speech when confronted with cases of hate speech. It also looks at the Framework Decision on Racism and Xenophobia of the European Union and the Additional Protocol to the Cybercrime Convention of the Council of Europe. Through the analysis it demonstrates that there is no common approach amongst international and European institutions on what hate speech is and the threshold which needs to be met for legal regulation to be permissible. It also demonstrates that the tools available focus only on some types of hate speech.

Keywords
Human Rights; Hate Speech; Homophobic Speech; Transphobic Speech; Racist Speech; Free Speech

Hrčak ID: 215407

URI
https://hrcak.srce.hr/215407