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51 J.L. & Soc'y 1 (2020)

handle is hein.journals/jlsup51 and id is 1 raw text is: Journal of Law and Society Law College Vol.LI, No. 76 University of Peshawar 2020 HATE SPEECH, FREEDOM OF EXPRESSION AND REFUGEES: A CRITICAL PERSPECTIVE Syed Murad Ali Shah' Abstract Hate speech has remained a topic of great debate, especially after the Second World War. The Universal Declaration of Human Rights (UDHR) being a foundational document of international human rights law in its Article 19 grants the right to freedom of opinion and expression to everyone unconditionally. However, in order to put limits on the right to freedom of expression, international community jotted down various agreements in the shape of conventions and charters but out of these, three international instruments named as the European Convention on Human Rights (ECHR), the International Convention on the Elimination ofAll Forms of Racial Discrimination (CERD), and the International Covenant on Civil and Political Rights (ICCPR) are very famous at regional and international levels, respectively. Almost all instruments of human rights grant the right to freedom of expression to every human being though conditional with various restrictions as deemed necessary andfit under the law in order to protect the respect, reputation, and honour of others. These limitations are also extended by these three too i.e. the ECHR, ICCPR, and CERD; as in Article 4(a) of the CERD which expressly requires from the states parties to it to ensure the prohibition on the dissemination of all forms of ideas based on racial superiority or hatred. Same goes with Article 20 of the ICCPR that curtails and treats against the law if someone advocates any kind of hatred that incites i PhD Public International Law Scholar, Department of Public Law, Faculty of Law, Istanbul University, Turkey. Lecturer at the Department of Law, the University of Azad Jammu and Kashmir, Muzaffarabad, Azad Jammu & Kashmir, Pakistan. Gold Medallist in LLB with distinctive CGPA 4.00/4.00 from the University of Azad Jammu and Kashmir, Muzaffarabad, Azad Jammu & Kashmir, Pakistan. Email: syedmuradalishah25@gmail.com, syedmuradalishah25@ajku.edu.pk 1

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