Rien que des mots: Counteracting Homophobic Speech in European and U.S. Law

International Journal of Discrimination and the Law, 21, 4, 2021. 374-400. (Forthcoming)

34 Pages Posted: 26 Jul 2021 Last revised: 18 Feb 2022

See all articles by Natalie Alkiviadou

Natalie Alkiviadou

University of Central Lancashire - UCLan Cyprus

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: June 23, 2021

Abstract

Adopting a comparative perspective, this article examines legal means and practices of challenging homophobic speech in European and U.S. law. This exercise revolves around the study of major cases concerning homophobic speech from the law of the European Court of Human Rights (and broader legal framework within the Council of Europe (the CoE), the Court of Justice of the European Union, as well as the United States Supreme Court (along with a broader scrutiny of U.S. law in comparative perspective with European CoE and EU law) in recent years. The article concludes that the concepts of (1) hate speech (in constitutional, administrative and criminal settings) (2) direct discrimination and (3) harassment (in labour and anti-discrimination law) are central in the strategic litigation of LGBT organizations seeking to redress the climate of homophobia via various legal avenues in both Europe and the U.S. While in the settings of European law, all three concepts – depending on the context – can benefit victims of homophobia in their judicial redress, U.S. law offers coherent protection in its employment law framework, even though this remains in need of further strengthening.

Keywords: Hate speech, homophobic speech, anti-discrimination law, comparative law, Court of Justice of the European Union, European Court of Human Rights, US Supreme Court, non-discrimination

Suggested Citation

Alkiviadou, Natalie and Belavusau, Uladzislau, Rien que des mots: Counteracting Homophobic Speech in European and U.S. Law (June 23, 2021). International Journal of Discrimination and the Law, 21, 4, 2021. 374-400. (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3872805 or http://dx.doi.org/10.2139/ssrn.3872805

Natalie Alkiviadou

University of Central Lancashire - UCLan Cyprus ( email )

12-14 University Avenue
Pyla
Larnaka, 7080
Cyprus

Uladzislau Belavusau (Contact Author)

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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