| Abstract [eng] |
This master thesis examines the boundary between hatred and freedom of expression by analyzing relevant legislation, doctrine and case-law. The concept of freedom of expression, distinguishing characteristics and criteria required for limitations, legal regulation of hate crimes and the elements of criminal offenses, practical application in case-law and particularly high latency of hate crimes are being analyzed in this master thesis. The topic is mainly explored through the prism of the right to freedom of expression enshrined in the Constitution of the Republic of Lithuania, the crimes against equality and freedom of conscience laid down in the Criminal Code of the Republic of Lithuania and the decisions presented in the case-law of the European Court of Human Rights. This master thesis analyzes the definition of freedom of expression, its substantive elements, the scope of its interpretation, the evolution and formalization of the concept within a historical context, the requirements needed to restrict the right of freedom of expression, the tolerance limits related to the negative expressions, the balance between freedom of expression and defamation laid down in the Article No. 154 of the Criminal Code of the Republic of Lithuania and controversial aspects related to a person’s honor, dignity, data source protection and the right to freedom of personal data. By examining case-law of hate crimes and hate speech in this master thesis, which determine the application of criminal liability as ultima ratio, it was observed that national courts in its case-law apply an additional requirement of the degree of danger which deviates from the formal requirements for the elements of criminal offense established in the case-law of the European Court of Human Rights. A detailed analysis of case-law, scientific literature and legislation reveals an ambiguous, not yet fully defined boundary between hatred and freedom of expression. |
