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2010 - International Communication Association Pages: unavailable || Words: 15233 words || 
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1. 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 Online <APPLICATION/PDF>. 2019-04-24 <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Publication Type: Conference Paper/Unpublished Manuscript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.


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