Book contents
- The Right to Protection from Incitement to Hatred
- The Right to Protection from Incitement to Hatred
- Copyright page
- Dedication
- Contents
- Acknowledgements
- International Law
- International Cases
- International Materials
- Abbreviations
- 1 Introduction
- 2 The Right to Protection from Incitement to Hatred
- 3 The Difficult Birth of the Right to Protection from Incitement to Hatred in International Human Rights Law
- 4 The Norm Prohibiting Incitement to Hatred through the Lens of Supranational Monitoring and Adjudicatory Bodies
- 5 Recent Normative Battles within the UN on Hate Speech
- 6 Conclusions
- Bibliography
- Index
2 - The Right to Protection from Incitement to Hatred
An Analysis of Five Internal Features
Published online by Cambridge University Press: 21 October 2021
- The Right to Protection from Incitement to Hatred
- The Right to Protection from Incitement to Hatred
- Copyright page
- Dedication
- Contents
- Acknowledgements
- International Law
- International Cases
- International Materials
- Abbreviations
- 1 Introduction
- 2 The Right to Protection from Incitement to Hatred
- 3 The Difficult Birth of the Right to Protection from Incitement to Hatred in International Human Rights Law
- 4 The Norm Prohibiting Incitement to Hatred through the Lens of Supranational Monitoring and Adjudicatory Bodies
- 5 Recent Normative Battles within the UN on Hate Speech
- 6 Conclusions
- Bibliography
- Index
Summary
The chapter examines, in detail, five internal features that characterize the norm providing protection from incitement to discrimination, hostility, or violence, as codified in Article 20(2) of the ICCPR. These five features are the ‘emotive’ component, the ‘incitement’ component, the tensions between equality and liberty rights of speakers and members of targeted groups, the ‘group identity’ component, and, finally, the ‘religion’ component. The chapter elaborates on the dilemmas of interpretation and implementation generated by these internal features. It illustrates how the minimalist and maximalist approaches to the legal regulation of hate speech perceive these five features differently. Furthermore, they clarify how the libertarian and egalitarian approaches to freedom of expression, as well as the individualist and communitarian approaches to rights, address differently the conundrums created by the five features. This ultimately generates different delineations of the meaning and scope of the norm, and different views on whether or not legalistic constraints on hate speech (or, rather, quasi-legalistic restrictions) are warranted, as well as on the scope and nature of such restrictions.
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- The Right to Protection from Incitement to HatredAn Unsettled Right, pp. 20 - 60Publisher: Cambridge University PressPrint publication year: 2021