Una aproximación al concepto de discurso del odio

Abstract

The actual work will consider the most important and relevant international instruments gathering the concept and limits of the hate speech, confirming the lack of sureness and perspicuity in the application, from the courts, of prohibitions towards the different discourses against minorities, either way from ethnical, cultural, racial religious or any other sight, including sexual orientation. As an example of this, there are different cases at the Supreme Court of the United States of America, that uses the criterion of inminent violence or Brandenburg standard to assess the wrongfulness of a particular demeanor, compared to the Jurisprudence of the European Court of Human Rights, which uses the wider parameter banning hate speech, even if it does not entail the incitement of imminent violence. From this perspective, this article calls for the doctrinal canons to highlight the importance of founding principles of a democratic society such as justice and human dignity, in order to specify the content of the hate speech.