Więzienie za zaimki? Kontrowersje wokół kryminalizacji mowy nienawiści w Szkocji
Prison term for pronouns? Controversies over new Hate Crime and Public Order (Scotland) Act
Author(s): Magdalena GrzybSubject(s): Gender Studies, Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law, Government/Political systems, Social psychology and group interaction, Applied Sociology, Criminology, Environmental interactions, Penal Policy, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Scotland; United Kingdom; hate speech; freedom of speech; criminalization; women’s rights; misogyny; gender-critical; transgender; non-crime hate incidents
Summary/Abstract: On 1st April 2024 a new Hate Speech Act came into force in Scotland. The article is a political-criminal analysis of the Act, taking into account its political and social context. The author explains the concept of hate speech, outlines the main principles of the Act and the objections to it. Next, she analyses the Scottish police’s hate prosecution practices, including the recording of so-called Non-Crime Hate Incidents, the possible chilling effect of the Act and the stigmatisation of those accused of hate crimes. The circumstances of the adoption of the Act indicate that the Act will target specific groups in society. The author seeks to answer the question that arises in the context of the Act as to whether biological fact-finding will be able to be criminalized under the new Scottish Act. Finally, the author analyses the first days of the Act being into force.
Journal: Forum Polityki Kryminalnej
- Issue Year: 1/2023
- Issue No: 5
- Page Range: 1-42
- Page Count: 42
- Language: Polish
