This contribution intends to analyze the key elements of the hate speech ‘concept’: the content and context of the expression; the profile of targeted people; the publicity and potential impact of the expression. The criminal legal nature of hate speech, i. e. the representation of hate crimes within three different European institutional systems will then be under attention in territory where new massive violent conflicts were located in 20th century. Within the Council of Europe the ECtHR case law will be studied in relation to an accepted legal definition of ‘hate speech’; within the European Union the need to make hate crime visible is at the core of a greater political will to counter pervasive prejudice against certain groups and to compensate damage caused to victims; for the OSCE/ODIHR hate crimes constitute a serious breach of human rights and have a deep impact on victim communities, threatening domestic and international security.
Carletti, C. (2013). Contemporary social fuelling the genocide intent: hate speech and hate crimes. Legal remarks for a common definition and related operational preventing mechanisms. EUROPEAN CRIMINAL LAW REVIEW(3), 355-375.