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New Standards in Cases of Severe Hate Speech Forms: Denial of Genocide at the European Court of Human Rights

Barbara Herceg Pakšić orcid id orcid.org/0000-0002-7052-928X ; Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, Osijek, Hrvatska


Puni tekst: hrvatski pdf 686 Kb

str. 229-253

preuzimanja: 695

citiraj


Sažetak

The suppression of various hate speech manifestations is inseparable from the influence of national heritage and the obligations undertaken at the European level. In this context, given the very meagre national jurisprudence but also a lack of precise determinations regarding the subject area, the legal standards of the European Court of Human Rights are crucial when it comes to reasoning on hate speech cases in order to create guidelines for national systems. The first judgement for the Armenian genocide denial is the principal motive for this paper. Its powerful echo and polemics at the international level were stimulative for subject matter research. The purpose of the article is to examine the cases of genocide denial at the ECtHR in order to assess whether they all have the same fate, bearing in mind that this is a serious hate speech form that is not (or should not be) protected through guaranteed freedom of expression. Therefore, we raise some specific questions, analyse judgments, consider the relevant provisions and specific legal mechanisms in order to come to conclusions significant for the national system as well as point out the trends that this Court has set regarding the issue concerned.

Ključne riječi

hate speech, genocide, denial, human rights, the European Convention on Human Rights and Fundamental Freedoms

Hrčak ID:

181636

URI

https://hrcak.srce.hr/181636

Podaci na drugim jezicima: hrvatski

Posjeta: 1.372 *