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Hate Speech and the Abuse Clause in the European Human Rights Convention: A Bad Pair

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Abstract:

The Convention organs of the European Human Rights Convention (ECHR) have developed a tradition of applying Article 17 ECHR, the so-called abuse clause, with regard to certain types of hate speech. Consequence of this application is that citizens who seek to safeguard their right to freedom of expression before the Strasbourg Court immediately are denied any protection. This way of working contrasts sharply with the normal judicial treatment, which implies an examination in the light of the case as a whole, taking into account all its factual elements. The aim of this paper is to show that the abuse clause’s actual application is inconsistent, and weakens, to an extent unacceptable in a democratic society, some procedural guarantees applicants normally can rely on. We therefore strongly encourage the European Court to treat all hate speech equally in principle, without affording to the abuse clause a decisive impact in any way.

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applic (238), vs (175), articl (149), court (128), case (102), right (99), abus (94), see (93), claus (92), convent (70), 10 (68), 17 (64), speech (61), democrat (60), de (60), also (58), express (58), human (51), european (49), pp (48), freedom (47),
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Association:
Name: International Communication Association
URL:
http://www.icahdq.org


Citation:
URL: http://citation.allacademic.com/meta/p403348_index.html
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MLA Citation:

Cannie, Hannes. and Voorhoof, Dirk. "Hate Speech and the Abuse Clause in the European Human Rights Convention: A Bad Pair" Paper presented at the annual meeting of the International Communication Association, Suntec Singapore International Convention & Exhibition Centre, Suntec City, Singapore, Jun 21, 2010 <Not Available>. 2014-11-27 <http://citation.allacademic.com/meta/p403348_index.html>

APA Citation:

Cannie, H. and Voorhoof, D. , 2010-06-21 "Hate Speech and the Abuse Clause in the European Human Rights Convention: A Bad Pair" Paper presented at the annual meeting of the International Communication Association, Suntec Singapore International Convention & Exhibition Centre, Suntec City, Singapore Online <APPLICATION/PDF>. 2014-11-27 from http://citation.allacademic.com/meta/p403348_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The Convention organs of the European Human Rights Convention (ECHR) have developed a tradition of applying Article 17 ECHR, the so-called abuse clause, with regard to certain types of hate speech. Consequence of this application is that citizens who seek to safeguard their right to freedom of expression before the Strasbourg Court immediately are denied any protection. This way of working contrasts sharply with the normal judicial treatment, which implies an examination in the light of the case as a whole, taking into account all its factual elements. The aim of this paper is to show that the abuse clause’s actual application is inconsistent, and weakens, to an extent unacceptable in a democratic society, some procedural guarantees applicants normally can rely on. We therefore strongly encourage the European Court to treat all hate speech equally in principle, without affording to the abuse clause a decisive impact in any way.


Similar Titles:
Appeals to International Human Rights Law in Constitutional Court Cases: Four European Cases

Expression Here and Abroad: A Comparative Analysis of the U.S. Supreme Court's and the European Court of Human Rights' Commercial Speech Doctrines

The U.S. Supreme Court and the European Court of Human Rights on Freedom of Expression

Treatment of Elderly Prisoners under European Convention for the Protection of Human Rights and Fundamental Freedoms


 
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