HATE SPEECH EXPRESSED BY MEMBERS OF PARLIAMENT: THE DILEMMA AND KEY FOR ITS RESOLUTION

Yıl 2018, Sayı: 1, 119 - 145, 25.12.2018

Natia Gvelesiani

Öz

Hate
speech is a highly topical and a controversial legal phenomenon. The paper
outlines the definition of  hate speech
and its constituent elements,  propounds the threshold test in order to gauge
the magnitude and latitude of relevant forms of expression,  identifies root causes and effects of hate
speech uttered by members of parliament and conditions conducive to  the creation of  intolerance in the light of Georgia’s context.
It finds the key how to strike a fair balance between the wide freedom of
expression of members of parliament and freedom from hate speech and shows in
which direction should or should not be oriented vectors of the freedom of
expression of members of parliament. As a result, the concrete recommendations
are designed to give impetus, inter alia,
to the Parliament of Georgia to elaborate an effective regulatory legal
mechanism dealing with the elimination of all scourges of hate speech from the
“public dictionary” of members of parliament.

Anahtar Kelimeler

Hate Speech, Parliamentary Immunity, Freedom of Expression, Intolerance

Kaynakça

• 1. Report by Nils Muiznieks, Commissioner for human Rights of the Council of Europe following his visit to Georgia from 20 to 25 January 2014;
• 2. Georgia in Transition, Report on the human rights dimension: background, steps taken and remaining challenges, Assessment and recommendations by Thomas Hammarberg in his capacity as EU Special Adviser on Constitutional and Legal Reform and Human Rights in Georgia;
• 3. ECRI General Policy Recommendation no.15 on Combating Hate Speech, Strasbourg, 2016;
• 4. Wojcik Anna, Polish Exceptionalism: Hate Speech Laws between Supra-national Standards and National Politics, submitted to Central European University, in partial fulfilment of the requirement for the degree of Master of Arts, Hungary, 2016;
• 5.International Convention on the Elimination of All Forms of Racial Discrimination adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965;
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