The Abuse Clause and Freedom of Expression in the European Human Rights Convention
An Added Value for Democracy and Human Rights Protection
Bibliographic Data
| ID | 12188366 |
|---|---|
| Authors | Hannes Cannie (corresponding author), Dirk Voorhoof (0000-0003-2330-3023) |
| Year | 2011 |
| Volume | 29 |
| Issue | 1 |
| Pages | 54-83 |
| Publication date | 2011-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Netherlands Quarterly of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0924-0519 • E-ISSN: 2214-7357 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/016934411102900105 |
| OpenAlex | W2312301043 |
| Language | EN |
| Citations received | 13 |
With regard to certain types of hate speech, the European Court of Human Rights and the former Commission have developed a tradition of applying Article 17 ECHR; the so-called abuse clause. This application leads to categorical exclusion from protection of the right to freedom of expression (Article 10), an approach that contrasts sharply with the Court's general attitude toward accepting and even creating a broad scope of protection under this right. It also contrasts with the Court's usual examination of interferences with freedom of expression in the light of the case as a whole, all its factual and legally relevant elements being taken into consideration. The aim of this article is to show that the abuse clause's application is undesirable, since it tends, even in its indirect variant, to set aside substantial principles and safeguards that are characteristic of the European speech-protective framework. The application of Article 17 is also unnecessary, as it in no way generates an added value for democracy or for human rights protection. We therefore strongly encourage the European Court to consider all forms of hate speech from the perspective of Article 10, without affording a decisive impact, directly nor indirectly, from Article 17 of the Convention
Convention · Democracy · Expression (computer science · Freedom of expression · Freedom of thought · Fundamental rights · Human rights · International human rights law · Law and economics · Political science · Politics · Sociology · Value (mathematics · Computer Science · European Criminal Justice and Data Protection · Freedom of Expression and Defamation · Hate Speech and Cyberbullying Detection · Law
Media Freedom as a Fundamental Right
What To Do About Conspiracy Theories?
Article 17
Beyond shields, swords and fatigue
Against modernist illusions
Transnational militant democracy
Liars, Skeptics, Cheerleaders
Pathways to the criminalisation of emotional distress
The law and critical discourse studies
Blasphemy Law as a Structural Violence
Liberal-democratic self-defense through rights restrictions
Cartoon Controversies at the European Court of Human Rights
Denial of Genocide and Crimes against Humanity in the Jurisprudence of Human Rights Monitoring Bodies
| Unique citing works | 13 |
|---|---|
| Citations per year | 1,08 |
| Citation span | 2014 - 2026 (13) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 13 |