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This report serves as a component of the Preventing Redressing & Inhibiting hate Speech in new Media (PRISM) Project, incorporating seven different assessments into one comprehensive study.
Part one concerns European and international law principles applicable for the prevention and repression of hate crime, particularly hate speech. This foundational document examines the role of international law, the European Union, and the Council of Europe as they pertain to addressing hate-based crime, while also analyzing the relationships that exist between the phenomenon of hate speech and racism, discrimination, and freedom of expression. With regard to hate speech versus freedom of expression, the report details the ways in which different states balance tackling hate speech with protecting freedom of expression, and the positions of Amnesty International and the UN, OSCE and OAS’ Special Mandates on the right to freedom of expression concerning this topic. Finally, jurisprudence in this field deriving from the United Nations Committee on Human Rights, the European Court of Human Rights, and the US Supreme Court is also looked at in detail.
Part one concerns European and international law principles applicable for the prevention and repression of hate crime, particularly hate speech. This foundational document examines the role of international law, the European Union, and the Council of Europe as they pertain to addressing hate-based crime, while also analyzing the relationships that exist between the phenomenon of hate speech and racism, discrimination, and freedom of expression. With regard to hate speech versus freedom of expression, the report details the ways in which different states balance tackling hate speech with protecting freedom of expression, and the positions of Amnesty International and the UN, OSCE and OAS’ Special Mandates on the right to freedom of expression concerning this topic. Finally, jurisprudence in this field deriving from the United Nations Committee on Human Rights, the European Court of Human Rights, and the US Supreme Court is also looked at in detail.
Content:-
1.Definition of hate speech. Sources and content of applicable international and European law 1.1. International law
1.2. Council of Europe
1.3. European Union
1.4. A tentative definition of "hate speech"
2. Hate speech and racism
3. Hate speech and discrimination
4. Hate speech and freedom of expression 4.1. A delicate balance to be struck
4.2. Different views among States
4.3. The position of Amnesty International
4.4. The position of the "Special Mandates"
5. Jurisprudence 5.1. Jurisprudence of the UN Committee on Human Rights
5.2. Jurisprudence of the European Court on Human Rights
5.3. Jurisprudence of the US Supreme Court
6. Conclusive remarks
7. Reference
1.2. Council of Europe
1.3. European Union
1.4. A tentative definition of "hate speech"
2. Hate speech and racism
3. Hate speech and discrimination
4. Hate speech and freedom of expression 4.1. A delicate balance to be struck
4.2. Different views among States
4.3. The position of Amnesty International
4.4. The position of the "Special Mandates"
5. Jurisprudence 5.1. Jurisprudence of the UN Committee on Human Rights
5.2. Jurisprudence of the European Court on Human Rights
5.3. Jurisprudence of the US Supreme Court
6. Conclusive remarks
7. Reference
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