The implementation of Article 20, paragraph 2, of the iccpr has become one of the major issues of international law. This article presents an analysis of major trends in national legislation, case law and policy relating to the prohibition of incitement to hatred in Europe. This article aims to take a new look at the practical questions raised by these conditions and provisions, thus helping to restore the effectiveness of fundamental rights.
The Criminal Justice and Immigration Act2008which abolishes the common law offence of blasphemy for England and Wales (seeccpr/C/gbr/Q/6/Add.1 para. 165) also introduces a new provision on incitement to hatred on the grounds of sexual orientation: section 74 schedule 16 of the Act is worded as follows: “Schedule 16 (a) amends Part 3 A of the Public Order Act 1986 para. 64 (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation and (b) makes minor amendments of that Part.” Section 29 J (a) provides however that “for the avoidance of doubt the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred”.
Resolution 1754 (2010) para. 13.3.
Resolution 1754 (2010) para. 13.9.
Figures for2008showing annual growth since 2000 when there were 175 convictions.
European Court of Human RightsGaraudyv. France Application No. 65831/01 decision of 24 June 2003.