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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

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