Common and Comprehensive European Definition of Hate-Speech Alternative Proposal
Europe needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive defi...
Published in: | Open Political Science |
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De Gruyter
2020
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Online Access: | https://doi.org/10.1515/openps-2020-0019 https://doaj.org/article/1bf165a6bf034aaba34fe96690572d5b |
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fttriple:oai:gotriple.eu:oai:doaj.org/article:1bf165a6bf034aaba34fe96690572d5b 2023-05-15T16:50:07+02:00 Common and Comprehensive European Definition of Hate-Speech Alternative Proposal Teršek Andraž 2020-01-01 https://doi.org/10.1515/openps-2020-0019 https://doaj.org/article/1bf165a6bf034aaba34fe96690572d5b en eng De Gruyter 2543-8042 doi:10.1515/openps-2020-0019 https://doaj.org/article/1bf165a6bf034aaba34fe96690572d5b undefined Open Political Science, Vol 3, Iss 1, Pp 213-219 (2020) freedom of expression hate speech ecthr slovenian criminal code article 297 understood as hate-speech provision alternative proposal for a common and comprehensive european definition of hate speech droit hisphilso Journal Article https://vocabularies.coar-repositories.org/resource_types/c_6501/ 2020 fttriple https://doi.org/10.1515/openps-2020-0019 2023-01-22T19:24:53Z Europe needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive definition offered inter alia by the ECtHR judgement in case of Vejdeland vs. Sweden (2012) was only a guidance. The new ECtHR judgement in the case of Carl Jóhann Lilliendahl vs. Iceland (11th of June 2020) addressed “homophobic speech” as “hate speech” directly. By combining the ECtHR case-law on freedom of expression in the last five years with understanding of this concept in the Slovenian Criminal Code (and with only subordinated reference to the understanding of this term by the European Commission) the author offers an alternative proposal for a new, common and comprehensive European definition of “hate speech.” Article in Journal/Newspaper Iceland Unknown Open Political Science 3 1 213 219 |
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language |
English |
topic |
freedom of expression hate speech ecthr slovenian criminal code article 297 understood as hate-speech provision alternative proposal for a common and comprehensive european definition of hate speech droit hisphilso |
spellingShingle |
freedom of expression hate speech ecthr slovenian criminal code article 297 understood as hate-speech provision alternative proposal for a common and comprehensive european definition of hate speech droit hisphilso Teršek Andraž Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
topic_facet |
freedom of expression hate speech ecthr slovenian criminal code article 297 understood as hate-speech provision alternative proposal for a common and comprehensive european definition of hate speech droit hisphilso |
description |
Europe needs to define the term and legal (criminal & constitutional) concept of “hate speech” precisely. The definition must be written in legal literature and in legislation. It must also be offered by the European Constitutional Courts and, last but not least, by the ECtHR. A descriptive definition offered inter alia by the ECtHR judgement in case of Vejdeland vs. Sweden (2012) was only a guidance. The new ECtHR judgement in the case of Carl Jóhann Lilliendahl vs. Iceland (11th of June 2020) addressed “homophobic speech” as “hate speech” directly. By combining the ECtHR case-law on freedom of expression in the last five years with understanding of this concept in the Slovenian Criminal Code (and with only subordinated reference to the understanding of this term by the European Commission) the author offers an alternative proposal for a new, common and comprehensive European definition of “hate speech.” |
format |
Article in Journal/Newspaper |
author |
Teršek Andraž |
author_facet |
Teršek Andraž |
author_sort |
Teršek Andraž |
title |
Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
title_short |
Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
title_full |
Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
title_fullStr |
Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
title_full_unstemmed |
Common and Comprehensive European Definition of Hate-Speech Alternative Proposal |
title_sort |
common and comprehensive european definition of hate-speech alternative proposal |
publisher |
De Gruyter |
publishDate |
2020 |
url |
https://doi.org/10.1515/openps-2020-0019 https://doaj.org/article/1bf165a6bf034aaba34fe96690572d5b |
genre |
Iceland |
genre_facet |
Iceland |
op_source |
Open Political Science, Vol 3, Iss 1, Pp 213-219 (2020) |
op_relation |
2543-8042 doi:10.1515/openps-2020-0019 https://doaj.org/article/1bf165a6bf034aaba34fe96690572d5b |
op_rights |
undefined |
op_doi |
https://doi.org/10.1515/openps-2020-0019 |
container_title |
Open Political Science |
container_volume |
3 |
container_issue |
1 |
container_start_page |
213 |
op_container_end_page |
219 |
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1766040301982449664 |