Title Details: | |
Hate speech and Religion |
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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.
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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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