Full Description
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a 'scripture defence' against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
Contents
Foreword
Acknowledgments
Table of International Law
Table of National Law
Table of International Cases
Table of National Cases
1 Introduction
1 Introduction
2 Speech Conflicts
3 Theoretical Framework
4 Approach and Outline
2 LGBT Rights as 'Rights of Others' in Extreme Speech Cases
1 Introduction
2 Sex and Sexual Orientation
3 'Rights of Others' in the ECHR Context
4 Concluding Remarks
3 The Emerging Duty to Prohibit Anti-LGBT Speech
1 Introduction
2 The Emerging ECHR Duty to Investigate Homophobic Hate Speech
3 Inclusive Incitement Prohibitions: The Theory of Mainstreaming LGBT Protection
4 Comparative Law
5 Inclusive Incitement Prohibitions: The Emerging International Practice of Mainstreaming LGBT Protection
6 Concluding Remarks
4 The Scope of the Anti-LGBT Incitement Offence: Lessons from Comparative Law
1 Introduction
2 Inclusive Anti-Incitement Laws: Progress and Challenges
3 Concluding Remarks
5 Combating Anti-LGBT Incitement While Promoting Religious Freedom: Balances and Threshold Questions
1 Introduction
2 Against Sweeping Scripture Defences
3 The Theory of Context
4 The Application of Context
5 Concluding Remarks
6 Conclusion
Bibliography
