9
HATE SPEECH AGAINST LGBTIQ+ IN NATIONAL AND INTERNATIONAL LAW Hate speech is a difficult legal concept in International Human Rights Law (henceforward ‘IHRL’). The following definition is adopted (Council of Europe, Committee of Ministers Recommendation 97 (20), 1997): ‘The term “hate speech” shall be understood as covering all forms of expression xenophobia,
which
spread,
anti-Semitism
incite, or
promote
other
forms
or
justify of
racial
hatred
hatred,
based
on
intolerance, including: intolerance expressed by aggressive nationalism and
ethnocentrism,
discrimination
and
hostility
against
minorities,
migrants and people of immigrant origin.’ According to European Commission against Racism and Intolerance (European Commission against Racism and Intolerance (ECRI), General Policy Recommendation No. 15 on Combating Hate Speech, 8 December 2015) hate speech is to be understood as the advocacy, promotion or incitement, in any form, of the denigration, hatred or vilification of a person or group of persons, as well as any harassment, insult, negative stereotyping, stigmatization or threat with respect to such a person or group of persons, as well as the justification of such types of expression.
