
Religious Speech, Hatred and LGBT Rights
An International Human Rights Analysis
Jeroen Temperman(Author)
Martinus Nijhoff (Publisher)
Published on 24. June 2021
Book
Paperback/Softback
116 pages
978-90-04-45885-7 (ISBN)
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.
Reviews / Votes
Religious Speech, Hatred and LGBT Rights provides "an extensive and comprehensive overview of the legal framework and existing case law on a national, regional and international level, the author methodically answers ... questions [about the legal foundations for addressing homophobic and transphobic speech], and establishes a possible benchmark for balancing FORB and LGBTQIA+ rights".Sophia Ruth Urban, European Yearbook on Human Rights 2022 (pp. 795-796), Intersentia.
More details
Series
Edition
xx, 95pp
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
Paperback (trade)
Unsewn / adhesive bound
Dimensions
Height: 234 mm
Width: 155 mm
Thickness: 7 mm
Weight
172 gr
ISBN-13
978-90-04-45885-7 (9789004458857)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Jeroen Temperman is Professor of International Law and Religion and Head of the Department of International and European Union Law at Erasmus School of Law, Erasmus University Rotterdam, the Netherlands. He is also the Editor-in-Chief of Religion & Human Rights (Brill/Nijhoff) and a member of the Organization for Security and Cooperation in Europe's Panel of Experts on Freedom of Religion or Belief. He has authored, among other books, Corporate Religious Freedom and the Rights of Others (The Hague: Eleven International Publishing, 2019), Religious Hatred and International Law (Cambridge: Cambridge University Press, 2016) and State-Religion Relationships and Human Rights Law (Leiden: Brill/Martinus Nijhoff, 2010) and edited Blasphemy and Freedom of Expression (Cambridge: Cambridge University Press, 2017) and The Lautsi Papers (Leiden: Brill/Martinus Nijhoff, 2012). Key publications further include articles published in Human Rights Quarterly, Oxford Journal on Law and Religion, Netherlands Quarterly on Human Rights, Religion & Human Rights and Annuaire Droit et Religion.
Content
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??
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??