Hate speech: A critical view of the international regulation

Abstract

The paper analyzes the international regulation of hate speech frequently used selectively as an argument of authority to interpret Spanish legislation. The hermeneutic difficulties of the prohibition of hate speech in the International Covenant on Civil and Political Rights are first examined, establishing the elements that make up the threshold of incitement. Next, hate speech in the Council of Europe and in the European Union is addressed, with special reference to the jurisprudence of the ECHR and the principles of intentionality, context and causality or probability of impact. To conclude, the limitations of these international standards are reviewed by proposing to articulate the concept of hate speech on the notion of incitement.