ABSTRACT

The main aim of Chapter 5 is to enlighten the relationship between hate speech and human rights in Europe by application of the three-prong theory of hate speech and to analyze militant model of European democracy. The Council of Europe and the European Union offer a robust legally binding framework to protect democracy that enshrines liberty and public security, equality and human dignity as the most important goods. It will be shown that in hate speech cases, the ECtHR adopts either a balancing approach when there are two rights at stake or application of Article 17 ECHR in questions involving values worth safeguarding in a democracy. In several cases it is the value of democracy or human dignity alone that is most prized and, thus, has to be protected. For the EU, the main value in regards to hate speech regulation is the equality of all members of EU society which was interpreted as an unconditional value for equal social and political standing. The potential harm produced to both democratic society and vulnerable individuals can be prevented by the adoption of militant democratic strategies within existing legal tools.