However, the exercise of this right can be limited for instance when it constitutes hate speech. According to the Council of Europe, “the term "hate speech" shall be understood as covering all forms of expression which spread, incite, promote or justify racial hatred, xenophobia, anti-Semitism or other forms of hatred based on intolerance, including: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin.” (Council of Europe, Committee of Ministers, Recommendation no. R (97) 20 of the committee of ministers to member states on "hate speech").

In the last years, politicians and churches leaders in several countries of Europe have used homophobic hate speech.  This is particularly worrying when it is followed by an increase in homophobic violence.

ILGA-Europe has raised concerns with the increase in hate speech and hate crimes with the European Parliament, the European Network of Independent Experts, the EU Presidencies, the Organization on the Security and Cooperation in Europe.

For more information on this issue, please contact: Christine Loudes at christine@ilga-europe.org