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Article

Beizaras and Levickas v. Lithuania

Recognizing Individual Harm Caused by Cyber Hate?

Journal East European Yearbook on Human Rights, Issue 1 2020
Keywords hate speech, verbal hate crime, cyber hate, effective investigation, homophobia
Authors Viktor Kundrák
AbstractAuthor's information

    The issue of online hatred or cyber hate is at the heart of heated debates over possible limitations of online discussions, namely in the context of social media. There is freedom of expression and the value of the internet in and of itself on the one hand, and the need to protect the rights of victims, to address intolerance and racism, as well as the overarching values of equality of all in dignity and rights, on the other. Criminalizing some (forms of) expressions seems to be problematic but, many would agree, under certain circumstances, a necessary or even unavoidable solution. However, while the Court has long ago declared as unacceptable bias-motivated violence and direct threats, which under Articles 2, 3 and 8 in combination with Article 14 of the ECHR, activate the positive obligation of states to effectively investigate hate crimes, the case of Beizaras and Levickas v. Lithuania presented the first opportunity for the Court to extend such an obligation to the phenomenon of online verbal hate crime. This article will first address the concepts of hate speech and hate crime, including their intersection and, through the lens of pre-existing case law, identify the key messages for both national courts and practitioners. On the margins, the author will also discuss the issue of harm caused by verbal hate crime and the need to understand and recognize its gravity.


Viktor Kundrák
Viktor Kundrák has worked for the OSCE Office for Democratic Institutions and Human Rights (ODIHR) as a Hate Crime Officer since 2018. He has been responsible for ODIHR’s hate crime reporting, trained police, prosecutors and judges, and provided legislative and policy support at the national level. He is also a PhD candidate at Charles University in Prague. The views in this article are his own and do not necessarily represent those of ODIHR. Some of the opinions are based on an article published in Czech earlier this year (see V. Kundrák & M. Hanych, ‘Beizaras and Levickas v. Lithuania (Verbal Hate Crime on Social Network and Discriminatory Investigation)’, The Overview of the Judgments of the European Court of Human Rights, Vol. 3, 2020.

Albert Dzur
Albert Dzur is Distinguished Research Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA.
Article

Access_open Privatising Law Enforcement in Social Networks: A Comparative Model Analysis

Journal Erasmus Law Review, Issue 3 2018
Keywords user generated content, public and private responsibilities, intermediary liability, hate speech and fake news, protection of fundamental rights
Authors Katharina Kaesling
AbstractAuthor's information

    These days, it appears to be common ground that what is illegal and punishable offline must also be treated as such in online formats. However, the enforcement of laws in the field of hate speech and fake news in social networks faces a number of challenges. Public policy makers increasingly rely on the regu-lation of user generated online content through private entities, i.e. through social networks as intermediaries. With this privat-ization of law enforcement, state actors hand the delicate bal-ancing of (fundamental) rights concerned off to private entities. Different strategies complementing traditional law enforcement mechanisms in Europe will be juxtaposed and analysed with particular regard to their respective incentive structures and consequential dangers for the exercise of fundamental rights. Propositions for a recommendable model honouring both pri-vate and public responsibilities will be presented.


Katharina Kaesling
Katharina Kaesling, LL.M. Eur., is research coordinator at the Center for Advanced Study ‘Law as Culture’, University of Bonn.
Human Rights Practice Review

Latvia

Journal East European Yearbook on Human Rights, Issue 1 2018
Authors Lolita Bērziņa, Artūrs Kučs and Eva Vīksna
Author's information

Lolita Bērziņa
Lolita Bērziņa is Dr.iur.cand. and lecturer at the Faculty of Law of the University of Latvia.

Artūrs Kučs
Artūrs Kučs is Dr.iur. Judge at the Constitutional Court of Latvia and Associate Professor and Chair of the Department of International Law at the Faculty of Law of the University of Latvia.

Eva Vīksna
Eva Vīksna is Legal Research Counsel at the Supreme Court of Latvia.
Article

Pondering over “Participation” as an Ethics of Conflict Resolution Practice

Leaning towards the “Soft Side of Revolution”

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords participation, structural violence, narrative compression, master-counter narratives
Authors Sara Cobb and Alison Castel
AbstractAuthor's information

    “Participation” has been defined as the engagement of local populations in the design and implementation of peace-building processes in post-conflict settings and it has been presumed to be critically important to sustainable conflict intervention. In this article, we explore this concept, so central to the field of conflict resolution, focusing on a set of problematic assumptions about power and social change that undergird it. As a remedy to these issues, we offer a narrative as a lens on the politics of participation. This lens thickens our description of our own participation as interveners, a reflexive move that is notably missing in most efforts to redress the dark side of “participation” – that it has often been used as a means to upend structural violence, only to contribute to its reproduction. Drawing on the work of Ginwright, specifically his work with black youth in Oakland, CA, we explore participation as a process involving the critical examination of master/counternarratives. By offering a narrative lens on participation, we hope to illuminate a framework for the ethics of conflict resolution practice that enables practitioners to ethically navigate the politics of “participation.”


Sara Cobb
Dr. Sara Cobb is the Drucie French Cumbie Chair at the School for Conflict Analysis and Resolution (S-CAR) at George Mason University. She is also the Director of the Center for the Study of Narrative and Conflict Resolution at S-CAR that provides a hub for scholarship on narrative approaches to conflict analysis and resolution. Dr. Cobb is widely published and a leader in narrative approaches to conflict resolution.

Alison Castel
Dr. Alison Castel is faculty at the University of Colorado, Boulder where she teaches the core curriculum in Peace and Conflict Studies for the International Affairs program and is the Associate Director of the CU in DC internship program. She holds a Ph.D from the School for Conflict Analysis and Resolution (S-CAR) at George Mason University, and is an affiliate of the Center for Narrative and Conflict Resolution at S-CAR.
Article

A Case Study of a Narrative Restorative Conference

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords restorative conference, restorative justice, narrative practice, case study, community of care
Authors John Winslade
AbstractAuthor's information

    The overall purpose of a restorative conference is to address the conflict implied in the committing of an offence. The conference convenes a community of care around the offence and invites participants to take up responsibility for addressing the situation. Through a case study drawn from a role-played scenario, this article shows how a restorative conference process in a school might be performed, after an offence has taken place. A transcribed role play is used here to illustrate a narrative practice in the facilitation of restorative conferences. This practice has been written about before, but here, the dialogue is made prominent, while around the dialogue, a commentary aims to make clear the purposes behind what is said.


John Winslade
Department of Special Education, Rehabilitation and Counseling, College of Education, California State University San Bernardino: 5500 University Parkway, San Bernardino, CA, 92407, USA. Email: jwinslad@csusb.edu; Tel. +1 909 327 8217.
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