The dissertation is devoted to a comprehensive study of the international legal mechanisms for countering hate crimes. Chapter 1 explores the provisions of universal international instruments adopted under the auspices of the United Nations. The analysis of these international instruments establishes that the UN legal framework in this area comprises provisions of multilateral human rights treaties that prohibit all forms of discrimination and hatred which threaten societies’ existence, are recognized as unlawful and unacceptable, as well as specialized acts, resolutions and recommendations of the Organization's statutory bodies. It is concluded that there is no legally binding unified treaty at the universal international level that defines hate crimes.
The study characterizes the activities of the institutional human rights protection mechanisms established under the UN, which contribute to the implementation of the UN Strategy and Plan of Action on Hate Speech (2019).
Chapter 2 analyzes the provisions of regional international instruments in countering hate speech and hate crimes adopted within the framework of the Council of Europe, the European Union, the Organization for Security and Co-operation in Europe, the Organization of American States, and the African Union, as well as the institutional mechanisms established within these structures.
The role of the Council of Europe’s bodies and institutions in ensuring human rights and freedoms and countering discrimination and hatred is detailed. The contribution of the European Court of Human Rights in countering hate speech and hate crimes is emphasized.
The legislative framework of the European Union on countering hate crimes and hate speech is examined. It is emphasized that the EU has adopted legislation to combat hate crimes and ensure access to justice and compensation for victims in accordance with EU founding acts.
The focus is on the role of agencies, bodies, and institutions, including: the High-Level Group on Combating Hate Speech and Hate Crime; the Working Group on Hate Crime Reporting, Recording and Data Collection; the European Union Agency for Fundamental Rights; the European Institute for Gender Equality. Emphasis is placed on the activities of the European Union Agency for Law Enforcement Cooperation (Europol) in combating racist and xenophobic hate speech. Within the OSCE, the contribution of the Office for Democratic Institutions and Human Rights is outlined. Among regional human rights mechanisms, the essence of the Inter-American Human Rights System and the African Union in the studied field is examined.
Chapter 3 focuses on the implementation of hate crime counteraction norms at the national level, examining the cases of the United States, Canada, the Federal Republic of Germany, and the United Kingdom of Great Britain and Northern Ireland. Strategic national documents shaping long-term visions, priorities, and goals of states in countering discriminatory practices, hate crimes and hate speech are analysed. The analysis establishes that national legislation not only provides for liability for hate-motivated crimes against specific groups based on protected characteristics, but also allows for enhanced penalties in cases where an offense is committed due to hatred or bias against an individual or group based on actual or perceived race, skin colour, religion, national or ethnic origin, sex, gender identity, disability or sexual orientation, among other grounds.
The study analyzes national judicial practice in cases concerning hate speech and hate crimes (Chaplinsky v. New Hampshire, R v. Keegstra, Snyder v. Phelps, Virginia v. Black). It concludes that the protection of freedom of expression is not absolute, and constitutional protection does not apply to hate speech that incites imminent lawless action, contains specific violent threats targeting individuals or groups, or disrupts public order.
The dissertation emphasizes the activities of national bodies, institutions and officials exercising their mandates in combating hate crimes and hate speech (the U.S. Department of Justice, Federal Bureau of Investigation, Canada’s Special Envoy on Preserving Holocaust Remembrance and Combatting Antisemitism, Canada's Special Representative on Combatting Islamophobia, Federal Anti-Racism Secretariat, Federal Anti-Discrimination Agency, Independent Federal Commissioner for Anti-Discrimination, Crown Prosecution Service, among others).
It is concluded that states place substantial emphasis on hate crime and hate speech data collection, enabling law enforcement agencies to accurately gauge the extent of the problem and allocate resources for preventing and responding to bias-motivated attacks.
