SLOBODA IZRAŽAVANJA I GOVOR MRŽNJE: ODGOVOR DRŽAVE BOSNE I HERCEGOVINE
FREEDOM OF EXPRESSION AND HATE SPEECH: RESPONSE OF BOSNIA AND HERZEGOVINA

Summary/Abstract: Freedom of expression, in the words of the European Court of Human Rights, is one of the basic foundations of a democratic society, as well as the basic preconditions for its development, but also for the progress of every person. As such, freedom of expression is recognized and protected as a human right by the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Charter of Fundamental Rights of the European Union, just as it is classified in the human rights catalog of many constitutions in the world, including the Constitution of BiH. In parallel, by consuming freedom of expression, it is possible to violate another equally important and guaranteed human rights, which is why this freedom is not an absolute one and may be restricted. The most radical form of abuse of freedom of expression is hate speech, which as such is not subject to legal protection. A particular form of abuse of freedom of expression, and a grave form of hate speech, represents the denial of genocide, still which is not an international criminal offense, although it has been criminalized in some national legislations. In the law of BiH, denying genocide is a criminal offense in only one of its entities, which is particularly controversial, primarily because of the relatively recent past of the committed and adjudicated genocide in the area of Srebrenica, Doboj, and other parts of the country. Criminal justice, although generally the most rigorous, is not the only response of the State to hate speech, which, having in mind all those reports of hate speech monitoring bodies in BiH, is not lacking in the public discourse.

• Details
• Contents