| Abstract [eng] |
In master's thesis "Criminal Legal Assessment of Hate Speech” hate speech is analyzed on the basis of various legal acts, national and international case law is analyzed in detail, and the works of various scholars on this topic are discussed. Hate speech is a common phenomenon that is encountered almost every day, but many do not know when one or another expression can be considered hate speech. The question often arises as to where the line between the right to express one's thoughts, ideas and beliefs is, and when the limits of freedom of expression are exceeded, and some contemptuous, humiliating, insulting statement about a group or person belonging to that group is a hate speech for which be subject to criminal liability. Thus, it is important to find a certain balance and maintain a balance between the rights and freedoms granted and the responsibilities available. The master's thesis is divided into three structural parts. The first part of the master's thesis analyzes in detail the historical development of hate speech, as well as the concept of hate speech in relation to international law. The second part of this paper discusses in detail freedom of expression, its limits and the relationship with hate speech under the European Convention for the Protection of Human Rights and Fundamental Freedoms and the jurisprudence of the European Court of Human Rights. At the last part of this master's thesis, is carried out the analysis of the composition of hate speech as a criminal act which is established in Paragraph 2 and Paragraph 3 of Article 170 of the Criminal Code of the Republic of Lithuania. The case law of the Republic of Lithuania in relation to hate speech is also discussed in detail and the problematic aspects of hate speech in court practice are analyzed. |
