The right to freedom of expression entails duties and responsibilities and is subject to certain limits, provided for in Article 10.2 of the European Convention on Human Rights, which are concerned, among other things, with protecting the rights of others. Identifying what constitutes “hate speech” is especially difficult because this type of speech does not necessarily involve the expression of hatred or feelings.
On the basis of all the applicable texts on freedom of expression and the case law of the European Court of Human Rights and other bodies, the author identifies certain parameters that make it possible to distinguish expressions which, although sometimes insulting, are fully protected by the right to freedom of expression from those which do not enjoy that protection.
Contents
I Introduction
Conflicting rights and interests
The concept of "hate speech"
Identification criteria
II Applicable instruments
(A) Treaties
(B) Recommendations and other instruments
III Principles emerging from the case-law of the European Court of Human Rights
(A) General principles relating to the right to freedom of expression (Article 10 of the ECHR)
(B) Speech falling within the ambit of Article 17 of the ECHR
(C) Restrictions to the freedom of expression (Article 10(2) of the ECHR)
IV. Elements from other sources
Annexes
I Relevant applicable international and regional instruments
II Examples of national measures and initiatives
III List of judgments and decisions cited
IV Thematic index
V Glossary
