Year:2021   Volume: 3   Issue: 3   Area: Philosophy

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Fatma GAFFAF & Karima Abdullah DRAH

Hate Crime, Discrimination, Violence, Criminal La.

There is no doubt that freedom of expression and thought is guaranteed to everyone, and no person has the right to slander, derogate or abuse others in any form of expression, whether verbally, in writing, drawing, or with reference ... etc, because of his disagreement with him in opinion. The mere disagreement of opinion is a natural thing, and it is the way of advancement in life and treatment, except that what currently prevails is the opposite, as the difference of opinion is the beginning of public disagreements and boycott. Violence, as it falls within the framework of hatred and incitement to it, which makes it fall within the circle of criminalization and punishment legally. In view of the legal controversy raised by hate speech and incitement to it, the importance of this study appears in that it is based on clarifying the relationship between it and the freedom of expression of opinion and how to separate between legitimate expression that is prohibited or restricted, and expression that results in violations of other basic rights and harms the freedoms of humanity without discrimination. Thus, the problem of this study is determined in knowing what is legitimate and what is unlawful in the context of expressing an opinion and the means used to express it, and what is the legal methodology and legislative policy that countries follow in facing this type of crime in light of the escalating societal controversy about what is considered incitement to Violence, hostility or hatred, racial discrimination, and the occurrence of many incidents based on speeches of incitement and hat Accordingly, we wanted to evaluate this study as follows: First: The general concept of freedom of expression and the exceptions contained therein. Second: The legislative policy of states to confront and limit expressions of hatred.

Keywords: Hate Crime, Discrimination, Violence, Criminal La