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European Court of Human Rights : Beizaras and Levickas v. Lithuania.

Dirk Voorhoof (UGent)
Author
Organization
Abstract
In a case about hate speech against homosexuals on Facebook, the European Court of Human Rights (ECtHR) delivered an important and well-documented judgment (of 61 pages.) The ECtHR found that the Lithuanian authorities have violated the European Convention on Human Rights (ECHR) because they had not fulfilled their positive obligations to protect the targeted persons against discrimination (Article 14) and against breach of their privacy (Article 8). The ECtHR also came to the conclusion that Lithuania has not effectively responded to the applicants’ complaints of discrimination on account of their sexual orientation, and that this amounted to a violation of Article 13 ECHR (right to an effective remedy). In this case the Lithuanian authorities had refused to initiate pre-trial investigations into the reported messages inciting to hatred and violence based on sexual orientation. The ECtHR build its findings on the positive obligation by state authorities to secure the effective enjoyment of the rights and freedoms under the ECHR, while this obligation is of particular importance for persons holding unpopular views or belonging to minorities, because they are more vulnerable to victimisation. According to the judgment, authorities are to combat hate speech and homophobic hate crimes, applying criminal law, as a justified and necessary interference with the right to freedom of expression.
Keywords
Freedom of expression, Facebook, homophobic hate crime, positive obligation to investigate and prosecute incitement to hatred and violence based on sexual orientation

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Citation

Please use this url to cite or link to this publication:

MLA
Voorhoof, Dirk. “European Court of Human Rights : Beizaras and Levickas v. Lithuania.” Iris Online, no. 2020–3, European Audiovisual Observatory, 2020.
APA
Voorhoof, D. (2020). European Court of Human Rights : Beizaras and Levickas v. Lithuania. Iris Online, (2020–3).
Chicago author-date
Voorhoof, Dirk. 2020. “European Court of Human Rights : Beizaras and Levickas v. Lithuania.” Iris Online, no. 2020–3.
Chicago author-date (all authors)
Voorhoof, Dirk. 2020. “European Court of Human Rights : Beizaras and Levickas v. Lithuania.” Iris Online (2020–3).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Beizaras and Levickas v. Lithuania. Iris Online. 2020;(2020–3).
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Beizaras and Levickas v. Lithuania.,” Iris Online, no. 2020–3, 2020.
@article{8655110,
  abstract     = {In a case about hate speech against homosexuals on Facebook, the European Court of Human Rights (ECtHR) delivered an important and well-documented judgment (of 61 pages.) The ECtHR found that the Lithuanian authorities have violated the European Convention on Human Rights (ECHR) because they had not fulfilled their positive obligations to protect the targeted persons against discrimination (Article 14) and against breach of their privacy (Article 8). The ECtHR also came to the conclusion that Lithuania has not effectively responded to the applicants’ complaints of discrimination on account of their sexual orientation, and that this amounted to a violation of Article 13 ECHR (right to an effective remedy). In this case the Lithuanian authorities had refused to initiate pre-trial investigations into the reported messages inciting to hatred and violence based on sexual orientation. The ECtHR build its findings on the positive obligation by state authorities to secure the effective enjoyment of the rights and freedoms under the ECHR, while this obligation is of particular importance for persons holding unpopular views or belonging to minorities, because they are more vulnerable to victimisation. According to the judgment, authorities are to combat hate speech and homophobic hate crimes, applying criminal law, as a justified and necessary interference with the right to freedom of expression.},
  articleno    = {2020-3:1/21},
  author       = {Voorhoof, Dirk},
  issn         = {2078-6851},
  journal      = {Iris Online},
  keywords     = {Freedom of expression,Facebook,homophobic hate crime,positive obligation to investigate and prosecute incitement to hatred and violence based on sexual orientation},
  language     = {eng},
  number       = {2020-3},
  pages        = {2},
  publisher    = {European Audiovisual Observatory},
  title        = {European Court of Human Rights : Beizaras and Levickas v. Lithuania.},
  url          = {http://merlin-int.obs.coe.int/article/8821},
  year         = {2020},
}