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The ICCPR deals only with national, racial or religiously motivated hate speech but looks at no other types of prohibited expression such as homophobic or transphobic speech. Der theoretische Ansatz ist mehrdimensional: Read more about the condition. Get fast, free shipping with Amazon Prime. For additional information, see the Global Shipping Program terms and conditions - opens in a new window or tab. View all posts by admin. International Framework Article 4, ICERD punishes, amongst others, all dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination.
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The threshold is further raised by Article 1. So, if I am a country member of both the UN and the EU, I am definitely receiving mixed signals from the institutions I am part of as to what kind of expression should in fact be deemed illegal.
The ICCPR deals only with national, racial or religiously motivated hate speech but looks at no other types of prohibited expression such as homophobic or transphobic speech. Maybe the issue is chronological, protecting sexual minorities was not as high on the agenda of the international community in the 60s, when the Covenant was drafted, as it is today. Why was the focus only on hate directed against racial, religious, ethnic and related characteristics?
What message is the EU sending with the choice to ignore the need for protection of these and other structurally and institutionally marginalised groups? Intentional or not, the EU has demonstrated that it is only interested in criminalising particular types of hate speech whilst completely disregarding others. The same can be said for the Council of Europe, which chose an Additional Protocol to the Cybercrime Convention to focus only on racist and xenophobic material online.
Note that the necessity of an Additional Protocol arose after the USA disagreed with the incorporation of its content in the Convention itself due to First Amendment considerations. The European Commission is trying to find ways to tackle hate speech on social platforms and has come up with the innovative strategy of i the Code of Conduct itself and ii the monitoring exercises. Let us not forget that the removal of hate speech on social networks relies primarily on the user whilst the frequency of material generated is hard to keep up with.
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The least we could do, though, is to establish a well-rounded approach to regulating hate speech, with synergy amongst institutions, such as the UN and the EU, and one which eliminates the hierarchy of hate established to date. Requiem for the Rule of Law.
The EU and Poland: Giving up on the Rule of Law? EU Law and Politics: International Framework Article 4, ICERD punishes, amongst others, all dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination.
An anathema to solidarity, equality and social justice The ICERD deals with nothing but racist speech because it is a Convention about racism. The Hierarchy of Hate: We welcome your comments but you do so as our guest.
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