Forum: European Court of Human Rights
INTERIGHTS’ role: Third party interveners
Keywords: Expression, sexual orientation

This case concerns the extent to which restrictions on freedom of expression are permissible in the context of hate speech directed against persons on account of their sexual orientation. To date the Court has developed its case law on permissible restrictions on freedom of expression in relation to racist and xenophobic statements. It has not had the opportunity to date to develop a comprehensive approach to hate speech based on sexual orientation. The intervention focuses on the jurisprudence of national courts in relation to this issue, as well as on the approach of both the Court and other legal institutions to sexual orientation and discrimination generally. The intervention emphasises the fact that a finding that States have a right to restrict hate speech directed at persons on account of their sexual orientation is consistent with its well established jurisprudence in this area and, furthermore, is consistent with the Court’s obligation to provide practical and effective protection from human rights violations. INTERIGHTS submitted its comments in partnership with the International Commission of Jurists.

Click here to read INTERIGHTS’ third party intervention

For further information please contact Pádraig Hughes at phughes@interights.org