Hate Speech And Human Rights In Eastern Europe

Author : Viera Pejchal
Publisher : Routledge
Page : 228 pages
File Size : 50,6 Mb
Release : 2020-04-03
Category : Law
ISBN : 9781000057690

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Hate Speech and Human Rights in Eastern Europe by Viera Pejchal Pdf

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

Author : Anne Weber,Council of Europe
Publisher : Council of Europe
Page : 108 pages
File Size : 45,5 Mb
Release : 2014-01-01
Category : Political Science
ISBN : 9789287178770

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Manual on hate speech by Anne Weber,Council of Europe Pdf

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.

Author : Claude Cahn
Publisher : IDEA
Page : 276 pages
File Size : 49,5 Mb
Release : 2002
Category : Law
ISBN : 0970213069

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Roma Rights by Claude Cahn Pdf

Brings together diverse materials related to combating anti-Romani racism. The book presents facts on the human rights situation of Roma in Europe. It also presents arguments surrounding the strategies and approaches used by anti-racism activists in areas including the problem of hate speech

Author : Gagliardone, Iginio,Gal, Danit,Alves, Thiago,Martinez, Gabriela
Publisher : UNESCO Publishing
Page : 73 pages
File Size : 54,9 Mb
Release : 2015-06-17
Category : Education
ISBN : 9789231001055

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Countering online hate speech by Gagliardone, Iginio,Gal, Danit,Alves, Thiago,Martinez, Gabriela Pdf

The opportunities afforded by the Internet greatly overshadow the challenges. While not forgetting this, we can nevertheless still address some of the problems that arise. Hate speech online is one such problem. But what exactly is hate speech online, and how can we deal with it effectively? As with freedom of expression, on- or offline, UNESCO defends the position that the free flow of information should always be the norm. Counter-speech is generally preferable to suppression of speech. And any response that limits speech needs to be very carefully weighed to ensure that this remains wholly exceptional, and that legitimate robust debate is not curtailed.

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 43,6 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Author : Uladzislau Belavusau
Publisher : Routledge
Page : 300 pages
File Size : 41,8 Mb
Release : 2013-10-08
Category : Law
ISBN : 9781135071981

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Freedom of Speech by Uladzislau Belavusau Pdf

This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

Author : Péter Molnár
Publisher : Central European University Press
Page : 562 pages
File Size : 49,9 Mb
Release : 2015-02-01
Category : Political Science
ISBN : 9789633860571

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Free Speech and Censorship Around the Globe by Péter Molnár Pdf

This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.

Author : Myungkoo Kang,Marie-Orange Rivé-Lasan,Wooja Kim,Philippa Hall
Publisher : Routledge
Page : 176 pages
File Size : 49,7 Mb
Release : 2020-03-16
Category : Law
ISBN : 9780429559037

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Hate Speech in Asia and Europe by Myungkoo Kang,Marie-Orange Rivé-Lasan,Wooja Kim,Philippa Hall Pdf

This edited collection provides a timely review of the current state of hate speech research in Asia and Europe, through the comparative examples of Korea, Japan and France. Extending the study of hate speech studies beyond the largely western emphasis on European and US contexts dominant in the field, this book’s comparative framework aims to examine hate speech as a global phenomenon spanning Asian and European contexts. An innovative range of nuanced empirical case studies explore hate speech by analyzing gendered hate speech and nationality, French cartoon humour, official counter radicalization narratives and the use of international law to inform domestic legislation in the Philippines and Japan. A fresh perspective on Asian and European hate speech, this book’s evaluation of current of hate speech research also identifies future directions for the development of theory and method. Filling a critical gap in the literature, Hate Speech in Asia and Europe will appeal to students and scholars of law, politics, religion, history, social policy and social science more broadly, as well as Asian Studies.

Author : Michael McClintock
Publisher : Unknown
Page : 221 pages
File Size : 51,7 Mb
Release : 2005
Category : Political Science
ISBN : 0975315021

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Everyday Fears by Michael McClintock Pdf

Hate crimes are on the rise in Europe and North America. Targeting individuals based on their origins, the color of their skin, their religion, their sexual orientation, or other similar attributes, such violent crimes undermine the security of everyone in our society. Everyday Fears, written by Michael McClintock of Human Rights First, is a ground-breaking study of the relationship between both small- and large-scale hate crimes and the everyday fears that they generate. In addition to documenting specific offenses, Everyday Fears highlights the need for governments to protect against hate crimes through legislation and improved monitoring and reporting. To this end, the book includes a first ever comprehensive survey of existing laws on hate crimes in the fifty-five countries of the Organization for Security and Cooperation in Europe. By addressing the inequalities of enforcement and deficiencies in effective monitoring, Human Rights First urges governments to take concrete actions to prevent bias crimes and, ultimately, to ease the everyday fears that result when these crimes go unchallenged.

Author : Eric Heinze
Publisher : Oxford University Press
Page : 235 pages
File Size : 47,7 Mb
Release : 2016-02-04
Category : Law
ISBN : 9780191076824

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Hate Speech and Democratic Citizenship by Eric Heinze Pdf

Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.

Author : Sandra Coliver
Publisher : Article 19
Page : 440 pages
File Size : 51,8 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029281808

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Striking a Balance by Sandra Coliver Pdf

Author : Yuji Nasu
Publisher : Cambridge University Press
Page : 525 pages
File Size : 42,5 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781108483995

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Hate Speech in Japan by Yuji Nasu Pdf

A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

Author : Michael Herz,Peter Molnar
Publisher : Cambridge University Press
Page : 569 pages
File Size : 53,5 Mb
Release : 2012-04-09
Category : Law
ISBN : 9780521191098

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The Content and Context of Hate Speech by Michael Herz,Peter Molnar Pdf

This volume considers whether it is possible to establish carefully tailored hate speech policies that recognize the histories and values of different countries.

Author : Wolfgang Benedek,Matthias C. Kettemann
Publisher : Council of Europe
Page : 240 pages
File Size : 55,8 Mb
Release : 2020-09-08
Category : Political Science
ISBN : 9789287187024

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Freedom of expression and the internet by Wolfgang Benedek,Matthias C. Kettemann Pdf

An invaluable resource for students of law, politics, international relations and technology as well as for diplomats and civil society actors, this publication demonstrates how the Council of Europe contributes to ensuring that everyone’s voice online can be heard. This is key to sustainable, human rights oriented and people-centred digitalisation. Human rights matter on the internet. Without freedom of expression, people cannot participate in everything that the information society has to offer. Yet online free speech is in danger. Between state laws, private rules and algorithms, full participation in the online communicative space faces many challenges. This publication explores the profound impact of the internet on free expression and how it can be effectively secured online. The second, updated edition of this introduction into the protection of freedom of expression online answers essential questions regarding the extent and limits of freedom of expression online and the role of social networks, courts, states and organisations in online communication spaces. In clear language, with vivid examples spanning two decades of internet law, the authors answer questions on freedom of expression in cyberspace. Addressing issues from the protection of bloggers to the right to access online information, the publication also shows the importance of the standard-setting, monitoring and promotion activities of international and non-governmental organisations and includes a chapter on relevant national practice. It pays special attention to the role of European human rights law and the Council of Europe as this region’s most important human rights organisation.

Author : Andrea Scheffler
Publisher : Unknown
Page : 119 pages
File Size : 54,9 Mb
Release : 2015
Category : Electronic
ISBN : 9994577301

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The Inherent Danger of Hate Speech Legislation by Andrea Scheffler Pdf