Freedom of expression and right to respect for private and family life: the EctHR returns to the issue of the hate speech

The decision analyzed addresses the issue of hate speech and its impact on respect for private and family life (Article 8 of the ECHR) and on the prohibition of non-discrimination (Article 14 of the ECHR) having regard to minorities. The case in fact concerns speeches of incitement to hatred and violence made by a Bulgarian politician against Roma minorities. The European Court of Human Rights, therefore, was called to decide whether the refusal of the Bulgarian courts to award compensation to the applicants with regard to the statements were in contrast with the positive obligations under Article 8 of the ECHR in conjunction with Article 14 of the same, and if – with respect to hate speech – the freedom of expression referred to in art. 10 of the ECHR could be relevant. In this last regard, consideration must be given to the principle of the Prohibition of abuse of rights (art. 17 of the ECHR), in the light of which all the provisions of the European Convention on Human Rights must be interpreted.