scholarly journals Liberdade de expressão e ponderação de valores: tutela da dignidade da pessoa humana versus hate speech

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Jaianny Saionara Macena de Araújo ◽  
Magno Gurgel Saraiva ◽  
Adriano Marteleto Godinho
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Human Dignity ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Civil Liability ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
The Social

RESUMOEste trabalho tem como objetivo desenvolver a discussão sobre a liberdade de expressão e seu conflito com o discurso de ódio no ordenamento jurídico brasileiro. Deste modo, expõe-se o entendimento e a dimensão do discurso de ódio, assim como sua resolução diante de casos concretos e a reparação civil pelos danos oriundos. Neste contexto, a Ciência Jurídica não pode ser indiferente ao conteúdo dessas normas, tampouco à sua capacidade de adequação aos problemas sociais. O exercício das liberdades civis, sob este prisma, tem muito a ser enriquecido, à medida que se expande a compreensão – antes eminentemente limitada à esfera normativa privada – e passa a tratar da proteção e garantia de direitos com uma preocupação finalística que deve cuidar evidentemente dos direitos humanos, de sua validade fundada tanto na lei, quanto na Constituição, e de sua real eficácia em favor da dignidade humana.PALAVRAS-CHAVEDireitos Humanos. Direitos Fundamentais. Discurso de ódio. Dignidade da pessoa humana. Liberdade de expressão. ABSTRACTThis paper aims to develop the discussion about freedom of expression and hate speech in the Brazilian legal system. Thus, it shows the concept and dimension of hate speech, as well as the resolution in specific cases and the civil liability for damages. In this sense, Law can’t be indifferent to the content of these rules, neither to its adequation capacity towards the social problems. The exercise of civil liberties, based on this conception, has a lot to be enriched, as far as it expands the understanding – previously limited eminently to the private normative sphere – and moves on to the protection and guarantee of rights with a concern that obviously has to take care of human rights, as well as its real effectiveness in favor of human dignity.KEYWORDSHuman rights. Fundamental rights. Hate speech. Human dignity. Freedom of speech.

scholarly journals The Phenomenon of Human Rights from the Perspective of Islam and the West

2020 ◽  
Vol 2 (3) ◽  
pp. 1-7
Author(s):  
Abdullah Haqyar
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Western World ◽  
Human Beings ◽  
Political Movement ◽  
The West ◽  
Philosophical Foundations ◽  
The Right

The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.

The Urgency of Protecting Netizen in Freedom of Speech on Social Media

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Grandis Ayuning Priyanto ◽  
Martinus Sardi
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Political Rights ◽  
Civil And Political Rights ◽  
The Law ◽  
The Right ◽  
Speak Up

Freedom of speech is a part of fundamental rights to every people. Nowadays, freedom of speech could not felt widely to all people. Freedom of speech developed until Universal Declaration of Human Rights and International Covenant on Civil and Political Rights assure and restrict freedom of speech. In Indonesia, since the rise of The Law of Information and Electronic Transaction, the restriction of freedom of speech become biased, many words in social media are presumably attack others. Netizen feels security to speak up is limited, such Ruslan Buton who critics and record about President Jokowi deemed as a hoax and hate speech. Even though some articles in 1945 Constitution have already protect and guarantee all people to bear the right to speak. The limitations of Freedom of speech in The Law of Information and Electronic Transaction emerge multi interpretation which the right to speak have not been correspond with the values in 1945 Constitution. To harmonize freedom of speech in Indonesia, it needs cooperation among government and people to eradicate ambiguity and fear in which already happen.By using juridical-normative method, the research aims to understand the condition of freedom of speech in Indonesia, and to understand the protection of netizen in using social media

scholarly journals LIMITATIONS OF THE FREEDOM OF SPEECH IN THE INTERNET

2020 ◽  
Author(s):  
Bartosz Brzyski
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Free Expression ◽  
The Internet ◽  
Internet Services ◽  
Modern Times ◽  
The Social ◽  
The Right

The development of Internet services lead to many changes in forms of expression of our opinions and ideas. The author shall discuss whether the term “freedom of speech” is still suitable for modern times, regarding the conversations in the social media. As we all know, the freedom of speech and the freedom of expression were never absolute and certain limitations of them are completely legal and necessary. However, as the author will try to prove, there are some serious concerns about executing such limitations online as well as effectively proving if someone’s rights have been violated due to excess of freedom of expression. The possible ideas of fighting the hate speech and other acts of trespassing the right to free expression shall also be presented.

scholarly journals Más que palabras: libertad de expresión y discurso de odio en el Sistema Interamericano de Derechos Humanos = More than words: freedom of speech and hate speech in the Inter-American Human Rights system

2020 ◽  
pp. 148
Author(s):  
Ana Ximena Jacoby
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Derechos Humanos ◽  
Theoretical Perspectives ◽  
Palabras Clave ◽  
El Sistema ◽  
The Right

Resumen: El derecho a la libre expresión tiene un alcance sumamente amplio. Incluye, entre otras, la manifestación de ideas y opiniones que otros pueden considerar profundamente ofensivas y perturbadoras. Por su naturaleza radical, este derecho suele entrar en colisión con otros derechos fundamentales, como el derecho a la honra, a la privacidad, al olvido, a la libertad religiosa o con las normas que resguardan la seguridad nacional o la circulación del “discurso de odio”. Estas tensiones, que atraviesan al derecho a la libre expresión, quedan frecuentemente manifiestas en fallos y posicionamientos de la Corte Interamericana de Derechos Humanos. El presente trabajo se propone analizar las distintas perspectivas teóricas que subyacen a los posicionamientos de esta Corte en relación al “discurso del odio”. Como veremos, en los pronunciamientos de la Corte y los demás órganos que conforman el Sistema Interamericano de Derechos Humanos conviven, dentro de un marco liberal, distintas concepciones que van desde los principios liberales clásicos hasta posturas más cercanas al liberalismo igualitario. Palabras clave: Discurso de odio, libertad de expresión, Sistema Interamericano de Derechos HumanosAbstract: The freedom of speech has an extremely wide scope. It namely preserves the free expression of ideas and opinions that others might find profoundly offensive and disturbing. Due to its radical nature, this freedom can either collide with other fundamental rights, such as the right to honor, to privacy, to oblivion or to religious freedom, or with certain rules that preserve the national security or the circulation of “hate speech”. These tensions crossing the freedom of speech are frequently expressed in judgments and declarations of the Interamerican Court of Human Rights. This work seeks to account for the different theoretical perspectives undermining the arguments presented by this Court regarding “hate speech”. As to be seen, different conceptions within a liberal framework coexist in the declarations issued by the Court and rest of bodies that comprise the Interamerican System of Human Rights, ranging from those that follow classic liberal principles to more egalitarian liberalism-oriented positions. Keywords: Hate speech, freedom of speech, Inter-American Human Rights System.     

scholarly journals Fifty Shades of Tolerance: Human Rights Argumentations concerning Family Models and Hate Speech

Iuris Dictio ◽  
2018 ◽  
Author(s):  
Lóránt Csink
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
The State ◽  
Same Sex ◽  
Public Opinions ◽  
Protection Of Human Rights ◽  
Points Of View ◽  
The Right

The protection of human rights is one of the main obligations a state has in order to fulfill its duties. Therefore, the right of freedom of expression shall be protected, especially because it relates directly to the defense of the democratic of a society. Although there are different points of view regarding an issue, especially same-sex marriage, the state is obligated to stay neutral towards public opinions. Consequently, public opinions might end up transforming into hate speech which creates an even larger confrontation within people and the state. This is why, the state must establish fair limits for human rights. Finally, it is essential to understand that promoting tolerance is the most important aspect to safeguard the rights of people to freely speak their minds in order to exercise their right of freedom of speech.

scholarly journals Human dignity in the light of the Constitution, human rights and bioethics

2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Social Solidarity ◽  
Human Beings ◽  
The Social ◽  
The World ◽  
The Right

Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.     Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.  

scholarly journals Religious vilification laws in New Zealand: Should the freedom of expression be taken as gospel?

2021 ◽  
Author(s):  
◽  
Fran Barber
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Legal System ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Human Rights Act ◽  
Community Tolerance

<p>With ever-increasing multiculturalism and diversity within New Zealand, this paper explores the potential for religious vilification laws to be passed in order to promote community tolerance. New Zealand’s Human Rights Act 1993 includes both civil and criminal offences for the incitement of hostility on the grounds of race. There is no commensurate provision protecting religion. This paper considers the harm that religious vilification laws seek to remedy, and whether their efficacy in preventing this harm is proportionate to the incursion upon the freedom of expression. Ultimately, it suggests that while there are real harms associated with religious hate speech, the adversarial legal system is a flawed instrument through which to deal with it.</p>

scholarly journals Religious vilification laws in New Zealand: Should the freedom of expression be taken as gospel?

2021 ◽  
Author(s):  
◽  
Fran Barber
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Legal System ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Human Rights Act ◽  
Community Tolerance

<p>With ever-increasing multiculturalism and diversity within New Zealand, this paper explores the potential for religious vilification laws to be passed in order to promote community tolerance. New Zealand’s Human Rights Act 1993 includes both civil and criminal offences for the incitement of hostility on the grounds of race. There is no commensurate provision protecting religion. This paper considers the harm that religious vilification laws seek to remedy, and whether their efficacy in preventing this harm is proportionate to the incursion upon the freedom of expression. Ultimately, it suggests that while there are real harms associated with religious hate speech, the adversarial legal system is a flawed instrument through which to deal with it.</p>

scholarly journals Liberdades de expressão e de informação em face da igualdade e dignidade humana: o caso Siegfried Ellwanger | Freedoms of speech and of information facing the of human equality and dignity: The case of Siegfried Ellwanger |

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 329
Author(s):  
Gina Marcilio Pompeu ◽  
Rosa Julia Plá Coelho
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Federal Court ◽  
Fundamental Rights ◽  
Free Expression ◽  
Freedom Of Information ◽  
Hard Case ◽  
Human Rights Treaties ◽  
The Right

Resumo: Este artigo versa sobre os aspectos mais relevantes da regulação do direito fundamental de expressão e de informação e de sua colisão com outros direitos, no plano jurídico internacional e brasileiro. O estudo compila julgados dos Tribunais Internacionais e outros órgãos responsáveis pelo monitoramento de tratados de Direitos Humanos, com o escopo de apontar formas de solução para os conflitos de bens hoje existentes. Igualmente, discute a previsão e o tratamento dado à tais direitos no ordenamento constitucional brasileiro. Finalmente, analisa um hard case julgado pelo Supremo Tribunal Federal - caso Siegfried Ellwanger -, no qual a colisão entre os direitos protegidos se evidenciou, apontando a solução para o choque entre o direito de livre expressão e a dignidade humana. Palavras-chaves: Colisão de direitos fundamentais. Direitos humanos. Liberdade de expressão. Liberdade de informação. Igualdade. Dignidade humana. Abstract: This article deals with the most relevant aspects of the fundamental right of speech and of information and its collision with other rights, in the international and Brazilian juridical spheres. The study carried out in its context compiles rulings of the international tribunals and other bodies responsible for the monitoring of human rights treaties, with the purpose of pointing out ways of solving the conflicts of goods that exist today. It also discusses the prediction and treatment of such rights in the Brazilian constitutional order. Finally, it analyzes a hard case judged by the Supreme Federal Court (STF) (Siegfried Ellwanger’s case), in which the collision between the rights protected was evident, pointing out the solution to the clash between the right of free expression and human dignity. Keywords: Collision between fundamental rights. Equality. Freedom of expression. Freedom of information. Human dignity. Human Rights.

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

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