EJIL Analysis

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Tackling Football-Related Online Hate Speech: The Role of International Human Rights Law: Part II

Part II: The UK’s response to football-related online hate speech In the first part of this post, we argued that the various expressions of online racial hatred directed at England’s black football players following the country’s defeat in the recent European Championship final, as well as earlier instances of football-related online racial abuse, fall under different categories of hate speech. These are: 1) prohibited speech, under Articles 20(2) of the International Covenant on Civil and Political Rights (ICCPR) and Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); 2) limited speech, under Article 19(3) ICCPR; and 3) protected speech, under Article 19(2) ICCPR. In this part of the post, we assess whether the UK has done enough to meet its obligations to prevent, combat, condemn, and provide redress for such forms of racial hatred and discrimination, in line with Article 20 ICCPR and Articles 4, 6 and 7 ICERD, whilst respecting individuals’ right to freedom of expression under Article 19(2)-(3) ICCPR. In our view, the answer…

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Tackling Football-Related Online Hate Speech: The Role of International Human Rights Law: Part I

Part I – A pattern of online racist speech Introduction When Marcus Rashford, Jadon Sancho and Bukayo Saka missed crucial penalties to seal England’s defeat to Italy in the final of the European Championships, a dread began to consume many football fans as well as less enthusiastic observers. This dread was much darker than…

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The incident of the HMS Defender off the coast of Crimea

In late June, news reports put the European public on alert. According to the Russian Ministry of Defence, Russian forces escorted a British warship, the HMS Defender, from “its” territorial waters off Crimea. According to Russian media, shots were fired in the direction of the HMS Defender…

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Russia Files Interstate Complaint Against Ukraine in Strasbourg

This, I think, is a first – after many years of being sued by other states (most notably Ukraine and Georgia) before the European Court of Human Rights and other international courts and tribunals, Russia has struck back last week by filing an interstate application of its own against Ukraine (no. 36958/21). Here’s an excerpt from the Court’s…

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The (Gay) Elephant in the Room: Is there a Positive Obligation to Legally Recognise Same-Sex Unions after Fedotova v. Russia?

On the 13th of July, the European Court of Human Rights (Third Section) decided the case Fedotova v. Russia, nos. 40792/10 etc, holding that the Russian State violated Art. 8 ECHR for not having provided same-sex couples with the opportunity to have their relationships formally acknowledged in form of a marriage, or in any other form. The judgment, which…

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