Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values

Cover
Endorsement Page
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Foreword
Acknowledgments
Abbreviations
Chapter 1 Introduction
Part I Theoretical framework
	Introduction to Part I
	Chapter 2 Hate speech regulation in democracy
		1 Introduction
		2 Democracy and fundamental rights: Liberty, equality and human dignity
			2.1 On liberty and on equality in constitutional democracy
			2.2 On human dignity in constitutional democracy
		3 Militant versus liberal democracy
		4 Loewenstein’s study on militant democracy in Czechoslovakia 1918–1939
		5 Militant democracy and hate speech regulation
		6 The harm principle in regulation of hate speech
		7 Definitions of hate speech
		8 Three-prong theory of hate speech
			8.1 First model: Hate speech as incitement to violence
			8.2 Second model: Hate speech as incitement to discrimination
			8.3 Third model: Hate speech as incitement to hatred
			8.4 Settling the importance of three models of hate speech
		9 Expressions of hatred: Hate speech versus hate crime
		10 Conclusion
	Chapter 3 Historical, political and constitutional context of the Czech and Slovak Republics
		1 Introduction
		2 Pre-communist legacy
		3 Communist human rights experience
			3.1 Reporting to international human rights bodies under communism
			3.2 Understanding of public goods and harm prevention under communism
		4 Post-communist rule of law
		5 Velvet divorce and liberal nationalism
			5.1 Slovak illiberal nationalism
			5.2 Czech civic liberalism
		6 Post-communist protection of minorities against extremism
			6.1 Post-communist democracy and extremism
			6.2 Extremism, defamation and protection of minorities
		7 Conclusion
		Conclusion to Part I
Part II International responses to the regulation of hate speech
	Introduction to Part II
	Chapter 4 The United Nations’ treaty response to hate speech regulation
		1 Introduction
		2 Conference on freedom of information: Incitement to violence priority
		3 Convention on the prevention and punishment of the crime of genocide
			3.1 Incitement to genocide and incitement to violence
			3.2 Incitement to genocide and hate speech
		4 The Universal Declaration on Human Rights
		5 The International Convention on the Elimination of Racial Discrimination
			5.1 Scope of Article 4 ICERD
				5.1.1 Obligations to punish offenses under Article 4 ICERD
				5.1.2 The ‘due regard’ clause
			5.2 Concluding observations on hate speech
			5.3 Individual communications on hate speech
				5.3.1 Racial hate speech inciting violence
				5.3.2 Racial hate speech inciting discrimination
				5.3.3 Racial hate speech inciting to hatred
			5.4 Conclusion on racial hate speech
		6 The International Covenant on Civil and Political Rights
			6.1 Scope of ICCPR’s Articles 19 and 20
			6.2 Obligations under ICCPR Articles 19.3 and 20
			6.3 Concluding observation on freedom of expression and hate speech
			6.4 Individual communications on freedom of expression and hate speech
				6.4.1 Hate speech: Protection of rights of others
				6.4.2 Hate speech: Advocacy of racial hatred that incites discrimination
			6.5 Conclusion on hate speech
		7 Conclusion
	Chapter 5 European responses to hate speech regulation
		1 Introduction
		2 Council of Europe
			2.1 The European Convention on Human Rights
				2.1.1 Hate speech as incitement to violence
				2.1.2 Hate speech as incitement to discrimination
				2.1.3 Hate speech as incitement to hatred
			2.2 Additional protocol to the convention on cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems
		3 The European Union
		4 The European model of militant democracy
		5 Conclusion
	Chapter 6 International soft law and hate speech regulation
		1 Introduction
		2 Initiatives of the United Nations
			2.1 Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression
			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
			2.3 Special Rapporteur on minority issues
			2.4 Other special procedures mandate holders
		3 Council of Europe recommendations
			3.1 Recommendation No. R (97) 20 on ‘hate speech’
			3.2 General Policy Recommendation No.15 on combating hate speech
		4 European Union declarations
			4.1 The Code of Conduct on countering illegal hate speech online
			4.2 FRA opinions on tackling hate crime and hate speech
		5 Organization for Security and Co-operation in Europe documents
			5.1 Responses to hate crime
			5.2 Joint declarations on hate speech
		6 Conclusion
		Conclusion to Part II
Part III The Czech and Slovak frameworks on hate speech regulation
	Introduction to Part III
	Chapter 7 Dawn of the post-communist hate speech regulation
		1 Introduction
		2 The establishment of human rights protection and democratization
		3 The regulation of human rights in the Charter of Fundamental Rights and Basic Freedoms
			3.1 Freedom of expression
			3.2 Protection of minorities
		4 Slovak constitutional protection of fundamental rights and freedoms
			4.1 Freedom of expression
			4.2 Protection of minorities
		5 Conclusion
	Chapter 8 Post-communist penal hate speech regulation
		1 Introduction
		2 Origins of extremism as a framework for hate speech regulation
		3 Development of penal regulation of hate speech: 1961–2005/2010
			3.1 Disbanding Slovak Togetherness (Slovenská Pospolitosť – Národná Strana)
			3.2 Disbanding the Czech Workers’ Party (Dělnická strana)
		4 Extremism as a framework for hate speech regulation
			4.1 The 2005 Slovak Penal Code and its successive reforms
			4.2 The 2009 Czech Penal Code and its successive reforms
		5 Models of hate speech in post-communist countries
			5.1 Hate speech as incitement to violence
			5.2 Hate speech as incitement to discrimination
			5.3 Hate speech as incitement to hatred
		6 Combating hate speech in society: From prevention to alternatives of hate speech regulation
		7 Conclusion
		Conclusion to Part III
	Chapter 9 General conclusion
Selected Bibliography
Index