CONSIDERATIONS ON HATE SPEECH IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS
CONSIDERATIONS ON HATE SPEECH IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: There is currently no unanimously accepted definition of defining hate speech. Based on these considerations, this article analyzes the jurisprudence developed by the European Court of Human Rights, which proceeds in two different ways: either excludes from the protection of Article 10 of the Convention under Article 17 (Prohibition of abuse of the rights) the hate speech that denies the democratic values either apply restrictions of protection under Article 10 § 2 of the Convention if the discourse is a language of incitement to hatred but is not capable of destroying the fundamental values of the Convention.

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