ABSTRACT

This chapter explores hate speech at a doctrinal, international and local level in order to identify weaknesses and ultimately correct some of its flaws through the creation of a new concept. The concept of everyday discrimination (ED) aims at capturing harmful expressions that hate speech legislation has not and should not cover at a criminal law level. The chapter provides a conceptual study through the analysis of some arguments of principle and some legal initiatives at an international, regional and local level with particular emphasis on British legislation. Moreover, hate speech legislation has tended to be incremental regarding the grounds protected, but its enactment and permanence is highly dependent on particular political contexts, as seen in the case of the UK. The UK is a member of the Council of Europe and is subject to the jurisdiction of the European Court of Human Rights.