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21. Words that Hurt (1): Normative and Institutional Considerations in the Regulation of Hate Speech in Europe

Author:
Kyriaki Topidi
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
Europe is experiencing at present intense dilemmas in regulating hate speech and online harassment. Free speech exercise can be offensive and even contribute to a climate of prejudice and discrimination against minorities. Often, the media exacerbate the tendency by reporting negatively about minorities. The first working paper on this topic engages with the normative dimensions of the balance between the need to control and limit incitement to violence in reconciliation with the fundamental right to freedom of expression. Three distinct aspects of hate speech are covered: the first relates to the role of freedom of expression as a tool of inclusiveness. With the limits of liberal tolerance being unclear, just like the definition of hate speech itself, legal actors and systems are torn between criminalising the speaker’s motive alone or in conjunction with the effects of the speech. A survey of recent related European Court of Human Rights case-law demonstrates these ambiguities. The second aspect covered looks at the challenges of the regulation of the freedom of expression in the digital age, with emphasis of the online dimensions of the phenomenon from a legal perspective. The final aspect of the paper proposes an actor-based analysis of hate speech, as it emerges from the current regulatory frameworks applied. This section deals not only with the role of the State but also with that of equality bodies, political parties and private businesses in providing more efficient networks of protection of minorities from such violent expressions of hatred.
Topic:
Minorities, Discrimination, Hate Speech, Institutionalism, and Normalization
Political Geography:
Europe

22. Words that Hurt (2): National and International Perspectives on Hate Speech Regulation

Author:
Kyriaki Topidi
Publication Date:
09-2019
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
Faced with a piecemeal approach to hate speech in Europe, leading to the reduced visibility of the phenomenon with often serious consequences, a variety of regional and international organisations have contributed legal documents and interpretative recommendations that attempt to guide states in their practice of combating hate speech. The present paper, following up on a previous one, will engage first with the international legal and regulatory framework of hate speech, placing emphasis on the European elements of the system in place. At a second stage, the paper will briefly survey twenty European national systems exposing the variety of regulatory patterns on the issue. Finally, the study will conclude with a list of common observations pertaining to the regulation of hate speech in the European continent, as they have emerged from the comparative analysis of the case-studies.
Topic:
Governance, Minorities, Regulation, Discrimination, Hate Speech, and Institutionalism
Political Geography:
Europe

23. The Citizenship Policies of the Baltic States within the EU Framework on Minority Rights

Author:
Cristina Carpinelli
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The ethnic landscape in the Baltic States is dominated by one large ethnic minority: Russians. Lithuania is an exception as here the first biggest ethnic minority are Poles, followed by Russians. The Baltic States have also significant Slavic minorities, such as Belarusians and Ukrainians. There are many barriers for people from different ethnic groups to overcome because the Baltic societies are segregated according to ethnicity across a number of dimensions: language, work and geography. During the Soviet period there were separate language schools, a system that reinforced ethnic separation. Labor market was also split along ethnic lines and a large proportion of ethnic minorities lived spatially segregated from the majority group and was concentrated mostly in urban centers. The impact of communist heritage and the construction of the post-communist state order had a negative impact on the integration process of the Russian minorities in those countries. The ethnic Russians had been heavily marginalized as many of them had no citizenship at all. As a result, they had limited access to labor-market and less social protection. However, the accession of the Baltic States to the European Union (EU) has succeeded in significantly changing policies with respect for and protection of minorities in the three Baltic countries. In the last years the ethnic Russians have in fact been partially accommodated through the consistency of the citizenship laws with the European Union norms, which precisely require the protection of minorities and respect for them. The aim of the study described herein is to investigate the historic roots of ethnic segregation between the native Baltic population and the Russian minority and show how the entry of the Baltic States into the EU has facilitated the process of promoting minority rights, especially from the perspective of granting citizenship right to Russian (and Polish) ethnic persons living in those countries.
Topic:
Migration, Minorities, European Union, Citizenship, and Discrimination
Political Geography:
Europe and Baltic States

24. Electoral Rights and Intellectual Disability: Considerations de lege lata

Author:
Małgorzata Babula
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The Constitution of the Republic of Poland mentions as one of the principles of electoral law its universality. This means that anyone who meets the requirements of law is entitled to vote. The admissibility of exclusions from this principle is also expressly defined by the law. One of the limitations in the exercise of electoral rights is an intellectual disability resulting in the incapacity of the individual. Meanwhile, Poland’s international obligations resulting e.g. from the ratification of the Convention on the Rights of Persons with Disabili- ties provides with a necessity of a deeper reflection on the present solutions. The ratification by Poland of the UN Convention has stimulated discussion on the political rights of people with intellectual disabilities, extending the field of debate on the legitimacy of the current form of institution of incapacitation. The aim of this article is to reflect on the current solu- tions in the exercise of electoral rights by people affected by intellectual disability but not being incapacitated.
Topic:
Intelligence, Elections, Constitution, Discrimination, Disability, and Political Rights
Political Geography:
Europe, Eastern Europe, Poland, and Central Europe

25. The Sultan’s Pleasure: Turkey Expands Operations in Syria and Iraq

Author:
Jonathan Spyer
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
All indications suggest that for Turkey, the recent battles were only a phase in a larger process. So where might Turkey turn next? And what is the goal of the Turkish campaign?
Topic:
Foreign Policy, Military Strategy, Minorities, and Discrimination
Political Geography:
Europe, Turkey, Middle East, Asia, and Kurdistan

26. Moldova: Four Priorities for Mainstreaming Minority Rights

Author:
Anita McKinna
Publication Date:
02-2018
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
The economic and political challenges currently facing Moldova are formidable. The focus of the EU’s reform priorities for Moldova lie in the realms of combating systemic corruption, minimising the politicisation of state institutions, and improving judicial independence and financial governance. The general absence of volatile inter-ethnic tensions in Moldova has meant that minority rights here has received less international attention than other post-communist states. Advocating for the protection of the rights of minorities is reserved primarily for specific human rights defenders, and finds little space in the wider discourse regarding Moldova’s future. Yet Moldova’s geographic, historical and geopolitical location between Russia and the EU mean that it must play a delicate balancing act in which ethno-cultural harmony lies at the heart. This Issue Brief outlines the four pressing issues that currently restrict Moldova’s ethnic minorities’ participation in public life, and discusses opportunities for overcoming these restrictions to ensure stable inter-ethnic relations in Moldova.
Topic:
Governance, Minorities, Ethnicity, Discrimination, Civil Rights, and Identity
Political Geography:
Europe and Moldova

27. (Un)Friendly School Environments? Bully and Microagression as a Cause for Roma Children's Academic Underachievement

Author:
Andreea Carstocea
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
When it comes to education policy-making for Roma children, both research and policy-making focus mostly on issues related to segregation, access to education, poverty, and social exclusion. One item that has so far been mostly absent is a focus on the school and classroom environment, namely the prejudiced, hostile, and discriminatory attitudes and actions either of teachers or of classmates towards Roma pupils. In response to this gap, this Working Paper will focus on bullying and microaggressions against Roma pupils in schools, acknowledging it as a significant factor shaping these children’s experience at school. After reviewing the relevant academic debates on bullying and microaggressions, the Working Paper will attempt to summarise the existing evidence of bullying of Roma children in schools across Europe. Finally, following an overview of the existing recommendations by European organisations, as well as of national level policy responses to this issue, the Working Paper will conclude that there is a pressing need for comprehensive data collection, academic research, and policy-making concerning bullying and microaggressions against Roma pupils in schools.
Topic:
Education, Minorities, Children, Ethnicity, Discrimination, Academia, and Identity
Political Geography:
Europe

28. Roma Policy-Making in Romania and Bulgaria: In Need to Prioritise Combating Anti-Gypsyism

Author:
Andreea Carstocea
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
Policies instituted with a view to improving the situation of the Roma in Romania and Bulgaria in recent years have resulted in very limited positive outcomes, as evaluated by international organisations and independent NGOs. Based on a broad outline of these policies, this Working Paper will argue that recognising the impact that anti-gypsyism has on the lives of the Roma, as well as strongly prioritising actions to combat it, represent fundamental conditions for improving the situation of this community.
Topic:
Minorities, Ethnicity, Discrimination, NGOs, and Identity
Political Geography:
Europe, Bulgaria, and Romania

29. The Mixed Tale of Croatia;a Implementation if the FCNM: Successful Legislative and Institutional Implementation Marred by Local Administrative Resistance and Misapplication

Author:
Dimitrios (Jim) Molos
Publication Date:
12-2018
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
With the Framework Convention for the Protection of National Minorities (FCNM), the Council of Europe recognized that national minority protection was essential for European “stability, democratic security, and peace”. Yet, because the FCNM is nonjusticiable, and because its monitoring mechanism is voluntary and highly discretionary, many legal commentators’ initial predictions were ambivalent or pessimistic. Two decades and several monitoring cycles after the FCNM entered into force, there is sufficient data to begin assessing the accuracy of the initial predictions. This working paper answers a narrow question: to what extent have the FCNM’s monitoring procedure and the Advisory Committee’s recommendations been effective in facilitating Croatia’s implementation of its legal obligation under the FCNM? In brief, the Croatian implementation record reveals mixed results. Whereas Croatian authorities have made significant progress toward full and effective constitutional, legislative and institutional implementation of their FCNM obligations, this success has been marred by resistance and disobedience at the level of local application. An analysis of Croatia’s progress demonstrates that its national minority protection measures are not properly characterized as legislative lip-service, and that even though Croatia has much work to do to fully implement the FCNM, including on several issues of pressing concern, its real progress should be neither underestimated nor devalued. Ultimately, there are good reasons to be optimistic about the FCNM’s monitoring procedure’s ability to encourage States Parties to enhance their national minority protection, particularly at the legislative and institutional levels.
Topic:
Minorities, Ethnicity, Discrimination, Legislation, Identity, and Protected People
Political Geography:
Europe and Croatia

30. Toward gender equity and women’s empowerment

Author:
Jean-Philippe Platteau
Publication Date:
10-2018
Content Type:
Policy Brief
Institution:
United Nations University
Abstract:
There are three main channels of women’s empowerment: legal or policy reforms, outside economic opportunities, and collective action. Legal (or policy) reforms are generally based on statutory laws that enact rules to be followed or prohibit certain practices. External economic opportunities for women represent alternative activities and places of working and living. Collective action brings women together to advance their collective interests.
Topic:
Gender Issues, Women, Discrimination, Equality, and Empowerment
Political Geography:
Pakistan, Africa, China, Europe, Turkey, India, Asia, and Senegal