scholarly journals The concept of hate speech as a threat to the information security of Internet communication

2021 ◽  
Vol 12 (3) ◽  
pp. 555-573
Author(s):  
Elena I. Galyashina ◽  
◽  
Vladimir D. Nikishin ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Speech Acts ◽  
Hate Speech ◽  
Internet Communication ◽  
Council Of Europe ◽  
Linguistic Support ◽  
European Court ◽  
Religious Extremism ◽  
Comprehensive Examination

The article is devoted to a comprehensive examination of the hate speech phenomenon in the aspect of legal and linguistic support for countering the information threats of Internet communication. The legal and linguistic analysis of the concept of “hate speech” is carried out by the authors according to the approaches of the European Court of Human Rights in the context of human rights and freedoms, as well as the protection of national security, constitutional order, public order, health and morality of the population. Verbal extremism as a criminalized part of hate speech is considered in the article from the standpoint of Russian, international and foreign legislation. The authors also analyzed the correlation of the following legal phenomena in international law: verbal religious extremism, insulting the feelings of believers, blasphemy and defamation of religions. The analysis of the scientists’ positions regarding the concept of “hate speech” and its criminalized part — verbal extremism: the analysis of the legal positions of the European Court of Human Rights, the Council of Europe, the United Nations, the Parliamentary Assembly of the Council of Europe regarding what kind of speech acts should be criminally punishable; as well as the analysis of the elements of crimes covered by the concept of “hate speech” in the criminal law of foreign states allowed the authors to formulate a list of features corresponding to extremist speech acts.

scholarly journals The Phenomena of Fragmentation in the Legal Relations between the Council of Europe and the European Union

2020 ◽  
Author(s):  
Viktoriya Kuzma
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
The European Union ◽  
Council Of Europe ◽  
European Continent ◽  
Court Of Justice ◽  
European Court ◽  
The Law

This article presents the current issues in the law of international organizations and contemporary international law in general. It is pointed out that the division of international law into branches and institutions, in order to ensure the effective legal regulation of new spheres of relations, led to the emergence of autonomous legal regimes, even within one region, namely on the European continent. To date, these include European Union law and Council of Europe law. It is emphasized the features of the established legal relations between the Council of Europe and the European Union at the present stage. It is determined that, along with close cooperation between regional organizations, there is a phenomenon of fragmentation, which is accompanied by the creation of two legal regimes within the same regional subsystem, proliferation of the international legal norms, institutions, spheres and conflicts of jurisdiction between the European Court of Human Rights and the Court of Justice of the European Union. It is revealed that some aspects of fragmentation can be observed from the moment of establishing relations between the Council of Europe and the European Union, up to the modern dynamics of the functioning of the system of law of international organizations, the law of international treaties, law of human rights. Areas and types of fragmentation in relations between international intergovernmental organizations of the European continent are distinguished. One way to overcome the consequences of fragmentation in the field of human rights is highlighted, namely through the accession of the European Union to the Convention on Human Rights and Fundamental Freedoms 1950. Considerable attention has also been paid to defragmentation, which is partly reflected in the participation of the European Union in the Council of Europe’s conventions by the applying «disconnection clause». It is determined that the legal relations established between an international intergovernmental organization of the traditional type and the integration association sui generis, the CoE and the EU, but with the presence of phenomenon of fragmentation in a close strategic partnership, do not diminish their joint contribution into the development of the law of international organizations and contemporary international law in general. Key words: defragmentation; European Union; European Court of Human Rights; Convention on Human Rights and Fundamental Freedoms 1950; conflict of jurisdictions; «disconnection clause»; Council of Europe; Court of Justice of the European Union; fragmentation; sui generis.

The concept of hate speech - a comparative analysis of the approaches of the Council of Europe and the European Court of Human Rights

2021 ◽  
Vol 15 (2) ◽  
pp. 37-42
Author(s):  
Gülnaz Rəfail qızı Ələsgərova ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Key Words ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Case Law ◽  
Clear Distinction ◽  
Council Of Europe ◽  
European Court ◽  
Exhaustive List

Providing an opportunity for society to develop and progress, freedom of speech is surely one of the vital conditions for sustainable democracy. Nevertheless, freedom of speech is not an absolute right and exhaustive list of limitations are delineated by many jurisdictions. In Europe as well it is still subject to accepted restrictions designed to prohibit incitement to hatred or conflict with other human rights. This article discusses approaches to hate speech as a legitimate ground for restriction of freedom of speech. The article is dedicated to a comparative analysis of the case law of the ECHR and the provisions of the Recommendations adopted in the framework of the Council of Europe. In particular, the author tries to find a clear distinction between speech that is not welcome by the majority of society and the prohibition of hate speech. Key words: freedom of speech, hate speech, standards of Council of Europe, European Court on Human Rights, context of speech, call for violence

Combating Religious Hate Speech: Lessons Learned from Five Years of Country-Monitoring by the European Commission against Racism and Intolerance (ecri)

2014 ◽  
Vol 9 (2-3) ◽  
pp. 139-150 ◽  
Author(s):  
Stephanos Stavros
Keyword(s):  
Human Rights ◽  
European Commission ◽  
Hate Speech ◽  
Self Regulation ◽  
Civil Law ◽  
Lessons Learned ◽  
Council Of Europe ◽  
European Court ◽  
Monitoring Mechanism ◽  
Fundamental Freedoms

European governments that have to react to religious hate speech can turn for guidance to ecri—the Council-of-Europe specialized monitoring-mechanism on racism and intolerance. They can be advised on how to use a variety of tools: criminal, administrative and civil law, self-regulation, prevention and, quite significantly, more speech. ecri’s protection complements that afforded by the European Court of Human Rights. The combination of judicial and non-judicial responses proposed by the Council of Europe can ensure that the fight against religious hatred does not entail unnecessary restrictions to fundamental freedoms.

scholarly journals ECtHR positions on some issues of bioethics and genetic data

2018 ◽  
Vol 6 (4) ◽  
pp. 36-40 ◽  
Author(s):  
Елена Трикоз ◽  
Elena Trikoz ◽  
Елена Гуляева ◽  
Elena Trikoz
Keyword(s):  
Human Rights ◽  
International Law ◽  
Steering Committee ◽  
Council Of Europe ◽  
Public Authorities ◽  
Biological Origin ◽  
Genetic Characteristics ◽  
Judicial Practice ◽  
European Court ◽  
Protection Of Human Rights

This study focuses on international law protection, including means of procedural protection in the European Court of Human Rights, of such a fundamental right as respect for the dignity, uniqueness and uniqueness of a person, regardless of his genetic characteristics. After analyzing the emerging judicial practice in the ECtHR, the authors distinguish two categories of cases for the protection of genetic dignity, bioethics and biosecurity. The first group includes cases involving direct violations of the 1950 the Convention for the Protection of Human Rights and Fundamental Freedoms; and in the second group – subsidiary violations of the “Oviedo Convention” and the recommendations of the Steering Committee of the Council of Europe on bioethics. The authors focused on violations of reproductive rights, storage by public authorities of DNA samples and human cells, and access to information on biological origin.

scholarly journals Stereotypy dotyczące płci a przemoc wobec kobiet w dorobku prawnomiędzynarodowym . Od identyfikacji do kształtowania instrumentów prawnych

2016 ◽  
pp. 7-29
Author(s):  
Katarzyna Sękowska-Kozłowska
Keyword(s):  
Human Rights ◽  
International Law ◽  
Violence Against Women ◽  
Gender Stereotypes ◽  
Case Law ◽  
General Nature ◽  
Council Of Europe ◽  
International Treaty ◽  
Stage Of Development ◽  
European Court

The obligation to counteract gender stereotypes resulting in discrimination against women, including violence against women, was anchored in international law by the Convention on the Elimination of All Forms of Discrimination against Women of 1979. The article aims to demonstrate that although the relevant regulations are of a very general nature, the recognition of this issue in international law allowed the particular instruments which may counteract violence against women to be developed. The international output in this matter may be divided into two key stages – a stage of recognition of particular stereotypes in the case law of international human rights bodies and a stage of development of legal instruments aimed to counteract gender stereotyping. Thus the article attempts to link the stereotypes identified in the practice of the Committee on Elimination of All Forms of Discrimination against Women and the European Court of Human Rights with instruments developed in the most comprehensive international treaty concerning the violence against women, i.e. the Council of Europe Convention on preventing and combating violence against women and domestic violence of 2011.

scholarly journals Sports in the Case-Law of the European Court of Human Rights

2019 ◽  
Author(s):  
Jakub Czepek
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
Council Of Europe ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Point Of Interest ◽  
European Court ◽  
Degrading Treatment ◽  
The Right

Sport has been an object of interest of international law on several occasions. It has also been a point of interest of regional human rights protection, for example within the legal system of Council of Europe. Recently, the European Court of Human Rights has developed its case-law concerning sport-related issues, such as football supporters related violence and prevention of events of hooliganism, anti-doping related issues or fairness of proceedings before The Court of Arbitration for Sport (CAS) in Lausanne or the protection of professional athletes’ rights in the context of anti-doping requirements. The article focuses on the ECtHR case-law relating to sport within the meaning of the  right to life (art. 2 of the ECHR), prohibition of torture of inhuman or degrading treatment or punishment (art. 3 of the ECHR), right to liberty and security (art.5 of the ECHR), right to a fair trial (art.6 of the ECHR) or right to protection of private and family life (art.8 of the ECHR).

scholarly journals When law enters history: prohibition of crime negationism and its limits in international law

2021 ◽  
Vol 69 (4) ◽  
pp. 845-874
Author(s):  
Mihajlo Vučić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Court ◽  
Legal Foundation ◽  
European Standards

The topic of this article is the interaction between the freedom of expression and the memorial laws concerning historical crimes. The author offers an analysis of the phenomenon of negationism through the prism of international law. The article is based on two interrelated hypotheses. The first is that the prohibition of negationism has a legal foundation in international law only if accompanied by the ability to incite hatred or violence. For this purpose, international and regional European standards on negationism are analyzed. The second hypothesis is that in the practice of implementation of memorial laws, the border between hate speech and legitimate historical denialism becomes blurred. This fact might lead to excessive encroachment upon the freedom of expression. The author offers an analysis of the practice of the European Court of Human Rights as a referential framework for the application of memorial laws in practice aimed at evading these excesses.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

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