“When dealing with cases concerning incitement to hatred and freedom of expression, the European Court of Human Rights uses two approaches which are provided for by the European Convention on Human Rights:

  • the approach of exclusion from the protection of the Convention, provided for by Article 17 (prohibition of abuse of rights)1, where the comments in question amount to hate speech and negate the fundamental values of the Convention; and
  • the approach of setting restrictions on protection, provided for by Article 10, paragraph 2, of the Convention2 (this approach is adopted where the speech in question, although it is hate speech, is not apt to destroy the fundamental values of the Convention).”


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