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Title Details:
Hate speech and Religion
Other Titles: A Constitutional Evaluation
Authors: Papadopoulou, Lina
Subject: LAW AND SOCIAL SCIENCES > ANTHROPOLOGY (NON PHYSICAL) > SOCIAL AND CULTURAL ANTHROPOLOGY > HUMAN RIGHTS
LAW AND SOCIAL SCIENCES > LEGAL SCIENCES > INTERNAL LAW > PUBLIC LAW
LAW AND SOCIAL SCIENCES > LEGAL SCIENCES > INTERNAL LAW > PUBLIC LAW > CONSTITUTIONAL LAW
Keywords:
Hateful speech
Constitutional law
Freedom of expression
European Convention on Human Rights
Abuse of rights
Militant democracy
Framework Decision 2008/913/ JHA
Islamophobia
Homophobia
Free speech
Limitations of rights
Multilevel constitutionalism
Multilevel protection of human rights
Committee on the Elimination of Racial Discrimination (CERD)
Religion
Privacy and civil liberties
Antisemitism
Amvrosios
Description:
Abstract:
This monograph analyses, from a constitutional law perspective, the prohibition of hate speech, as a limitation of freedom of expression, in international (mainly European Convention on Human Rights), European Union and Greek law. It focuses particularly on those cases of hate speech that involve religion, either from the speaker’s or from the victims’ point of view. All the national legal orders of EU Member States –including Greece, which the author examines in detail, have incorporated the European Framework Decision 2008/913/ JHA of 28th November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law. This is why, in combination with the application of the ECHR, the author places the topic within the multilevel constitutionalism, including a multiplicity of human rights sources. The case law of the European Court of Human Rights and particularly the prominence of Article 17 ECHR are being critically evaluated. Relevant Greek case law is also thoroughly analysed based on constitutional law criteria. The topic is examined not only and purely as one of human rights, and free speech more specifically, but also as something characterizing European democracy as mildly militant. In this framework, the author also examines the persuasiveness of the claims concerning the public goods protected and legitimising the prohibition of hate speech (equality and non-discrimination, dignity and personality, public order). She then concludes that if these goods are interpreted in a harmonised way, given a social meaning, they constitute, all together, the notion of the European ‘vivre ensemble’ (living together), as a particular characteristic of European constitutionalism.
Linguistic Editors: Iliadou, Maria
Graphic Editors: Tsakmaki, Eleni
Other contributors: Cover: Pavlos Vatikiotis
Type: Monograph
Creation Date: 31-12-2022
Item Details:
ISBN 978-618-5726-36-2
License: Attribution - NonCommercial - ShareAlike 4.0 International (CC BY-NC-SA 4.0)
DOI http://dx.doi.org/10.57713/kallipos-308
Handle http://hdl.handle.net/11419/10340
Bibliographic Reference: Papadopoulou, L. (2022). Hate speech and Religion [Monograph]. Kallipos, Open Academic Editions. https://dx.doi.org/10.57713/kallipos-308
Language: Greek
Consists of:
1. Setting the scene
2. Outstanding stake
3. International and European Union law
4. The Greek law
5. Case law of Greek courts
6. Case law of the ECtHR
7. Special issues of religious hate speech
8. Online hate speech
9. The protected goods
10. For an inclusive constitutional democracy
Number of pages 684
Publication Origin: Kallipos, Open Academic Editions
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