Muutke küpsiste eelistusi

Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values [Kõva köide]

  • Formaat: Hardback, 322 pages, kõrgus x laius: 234x156 mm, kaal: 660 g
  • Sari: Routledge Research in Human Rights Law
  • Ilmumisaeg: 06-May-2020
  • Kirjastus: Routledge
  • ISBN-10: 0367437848
  • ISBN-13: 9780367437848
Teised raamatud teemal:
  • Kõva köide
  • Hind: 159,19 €*
  • * hind on lõplik, st. muud allahindlused enam ei rakendu
  • Tavahind: 212,25 €
  • Säästad 25%
  • Raamatu kohalejõudmiseks kirjastusest kulub orienteeruvalt 3-4 nädalat
  • Kogus:
  • Lisa ostukorvi
  • Tasuta tarne
  • Tellimisaeg 2-4 nädalat
  • Lisa soovinimekirja
  • Raamatukogudele
  • Formaat: Hardback, 322 pages, kõrgus x laius: 234x156 mm, kaal: 660 g
  • Sari: Routledge Research in Human Rights Law
  • Ilmumisaeg: 06-May-2020
  • Kirjastus: Routledge
  • ISBN-10: 0367437848
  • ISBN-13: 9780367437848
Teised raamatud teemal:

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests.

The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development.

After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks.

This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

Arvustused

"Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values represents a carefully conducted research rich in detail and passionately structured as a critical study of racial hatred and hate speech in Czech and Slovak societies. It is intelligent, informative and full of legal sources discussed in political and historical contextsIt will contribute to the field of international human rights law, postcommunist constitutional and legal transformations and studies of Central and East European societies." - Jirí Pribán, Cardiff University, UK

"Pejchals approach to her topic is practical for real-world application... Her work could be a model for researchers looking to develop the issue, or aspects of the issue, further. Additionally, her structure could help NGO groups looking to build a grassroots movement fighting hate speech. What is true for the single reader is true for society. Education needs to be orderly to maintain the direction of learning." - Caroline Beshenich, Studies in East European Thought

Foreword xiv
Acknowledgments xvi
Abbreviations xvii
1 Introduction
1(6)
PART I Theoretical framework
7(78)
Introduction to Part I
7(2)
2 Hate speech regulation in democracy
9(37)
1 Introduction
9(1)
2 Democracy and fundamental rights: Liberty, equality and human dignity
10(8)
2.1 On liberty and on equality in constitutional democracy
12(2)
2.2 On human dignity in constitutional democracy
14(4)
3 Militant versus liberal democracy
18(5)
4 Loewenstein's study on militant democracy in Czechoslovakia 1918-1939
23(1)
5 Militant democracy and hate speech regulation
24(2)
6 The harm principle in regulation of hate speech
26(2)
7 Definitions of hate speech
28(3)
8 Three-prong theory of hate speech
31(11)
8.1 First model: Hate speech as incitement to violence
33(2)
8.2 Second model: Hate speech as incitement to discrimination
35(3)
8.3 Third model: Hate speech as incitement to hatred
38(3)
8.4 Settling the importance of three models of hate speech
41(1)
9 Expressions of hatred: Hate speech versus hate crime
42(3)
10 Conclusion
45(1)
3 Historical, political and constitutional context of the Czech and Slovak Republics
46(39)
1 Introduction
46(1)
2 Pre-communist legacy
46(4)
3 Communist human rights experience
50(14)
3.1 Reporting to international human rights bodies under communism
51(10)
3.2 Understanding ofpublic goods and harm prevention under communism
61(3)
4 Post-communist rule of law
64(4)
5 Velvet divorce and liberal nationalism
68(8)
5.1 Slovak illiberal nationalism
72(2)
5.2 Czech civic liberalism
74(2)
6 Post-communist protection of minorities against extremism
76(6)
6.1 Post-communist democracy and extremism
77(2)
6.2 Extremism, defamation and protection of minorities
79(3)
7 Conclusion
82(1)
Conclusion to Part I
83(2)
PART II International responses to the regulation of hate speech
85(112)
Introduction to Part II
85(2)
4 The United Nations' treaty response to hate speech regulation
87(44)
1 Introduction
87(1)
2 Conference on freedom of information: Incitement to violence priority
88(1)
3 Convention on the prevention and punishment of the crime of genocide
89(6)
3.1 Incitement to genocide and incitement to violence
90(1)
3.2 Incitement to genocide and hate speech
91(4)
4 The Universal Declaration on Human Rights
95(2)
5 The International Convention on the Elimination of Racial Discrimination
97(17)
5.1 Scope of Article 4ICERD
98(1)
5.1.1 Obligations to punish offenses under Article 4 ICERD
99(2)
5.1.2 The'due regard'clause
101(1)
5.2 Concluding observations on hate speech
102(1)
5.3 Individual communications on hate speech
103(1)
5.3.1 Racial hate speech inciting violence
104(2)
5.3.2 Racial hate speech inciting discrimination
106(3)
5.3.3 Racial hate speech inciting to hatred
109(4)
5.4 Conclusion on racial hate speech
113(1)
6 The International Covenant on Civil and Political Rights
114(15)
6.1 Scope of ICCPR's Articles 19 and 20
114(3)
6.2 Obligations under ICCPR Articles 19.3 and 20
117(3)
6.3 Concluding observation on freedom of expression and hate speech
120(1)
6.4 Individual communications on freedom of expression and hate speech
121(1)
6.4.1 Hate speech: Protection of rights of others
122(3)
6.4.2 Hate speech: Advocacy of racial hatred that incites discrimination
125(3)
6.5 Conclusion on hate speech
128(1)
7 Conclusion
129(2)
5 European responses to hate speech regulation
131(34)
1 Introduction
131(1)
2 Council of Europe
132(20)
2.1 The European Convention on Human Rights
132(4)
2.1.1 Hate speech as incitement to violence
136(4)
2.1.2 Hate speech as incitement to discrimination
140(4)
2.1.3 Hate speech as incitement to hatred
144(5)
2.2 Additional protocol to the convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems
149(3)
3 The European Union
152(7)
4 The European model of militant democracy
159(4)
5 Conclusion
163(2)
6 International soft law and hate speech regulation
165(32)
1 Introduction
165(1)
2 Initiatives of the United Nations
165(13)
2.1 Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
166(4)
2.2 Rabat plan of action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence
170(3)
2.3 Special Rapporteur on minority issues
173(2)
2.4 Other special procedures mandate holders
175(3)
3 Council of Europe recommendations
178(7)
3.1 Recommendation No. R (97) 20 on `hate speech'
178(3)
3.2 General Policy Recommendation No. 15 on combating hate speech
181(4)
4 European Union declarations
185(4)
4.1 The Code of Conduct on countering illegal hate speech online
186(1)
4.2 FRA opinions on tackling hate crime and hate speech
187(2)
5 Organization for Security and Co-operation in Europe documents
189(4)
5.1 Responses to hate crime
189(2)
5.2 Joint declarations on hate speech
191(2)
6 Conclusion
193(1)
Conclusion to Part II
194(3)
PART III The Czech and Slovak frameworks on hate speech regulation
197(94)
Introduction to Part III
197(2)
7 Dawn of the post-communist hate speech regulation
199(37)
1 Introduction
199(1)
2 The establishment of human rights protection and democratization
200(6)
3 The regulation of human rights in the Charter of Fundamental Rights and Basic Freedoms
206(11)
3.1 Freedom of expression
210(1)
3.2 Protection of minorities
211(6)
4 Slovak constitutional protection of fundamental rights and freedoms
217(17)
4.1 Freedom of expression
223(6)
4.2 Protection of minorities
229(5)
5 Conclusion
234(2)
8 Post-communist penal hate speech regulation
236(45)
1 Introduction
236(1)
2 Origins of extremism as a framework for hate speech regulation
237(4)
3 Development of penal regulation of hate speech: 1961-2005/2010
241(8)
3.1 Disbanding Slovak Togetherness (Slovenska Pospolitosf-Ndrodnd Strana)
244(2)
3.2 Disbanding the Czech Workers' Party (Delnickd strana)
246(3)
4 Extremism as a framework for hate speech regulation
249(13)
4.1 The 2005 Slovak Penal Code and its successive reforms
253(5)
4.2 The 2009 Czech Penal Code and its successive reforms
258(4)
5 Models of hate speech in post-communist countries
262(12)
5.1 Hate speech as incitement to violence
262(5)
5.2 Hate speech as incitement to discrimination
267(4)
5.3 Hate speech as incitement to hatred
271(3)
6 Combating hate speech in society: From prevention to alternatives of hate speech regulation
274(3)
7 Conclusion
277(1)
Conclusion to Part III
278(3)
9 General conclusion
281(10)
Selected Bibliography 291(25)
Index 316
Viera Pejchal (Ph.D) is a Human Rights Officer at the United Nations. She was an active member of the No Hate Council of Europe Youth Campaign, and has participated in many international conferences and lectured on human rights law. She has published extensively on hate speech and human rights in international academic journals and about extremism and democracy in Slovak newspapers and blogs.