Thanks to the Committee of Ministers, the Council of Europe is the first and only international intergovernmental organisation to have adopted an official definition of hate speech. The organisation’s political bodies, the Parliamentary Assembly, the Congress of Local and Regional Authorities, and the Committee of Ministers have adopted charters and recommendations setting human rights standards and providing guidelines to the member states to help them deal with hate speech and support victims.
The training course is jointly organised by the Anti-Discrimination Department and the Youth Department of the Council of Europe. The residential seminar is held at the European Youth Centre in Strasbourg, France.
Background
The Council of Europe was the first, and remains the only intergovernmental organisation, to have adopted a definition of hate speech in 1997. The organisation’s work on combating hate speech gained new impetus, with the launch of the No Hate Speech Movement youth campaign in 2013.
The youth campaign has been particularly successful in raising awareness about the danger that on and offline hate speech poses to a culture of democracy and human rights. By the end of 2017, the campaign culminated in 46 national campaign committees established in 45 countries, including Canada (Québec), Mexico, Morocco and Tunisia. The mobilisation of national partners, including national ministries, institutions, NGO’s and especially youth organisations and online activists, has been key to the success of the campaign. In May 2019, the Committee of Ministers adopted a Declaration on the legacy of the No Hate Speech Movement youth campaign which takes note of the achievements and lessons learned and of the needs for its follow-up, underlining the role of European Committee against Racism and Intolerance (ECRI) and the special responsibility of the Council of Europe's youth, human rights, anti-discrimination, education and media structures.
The Youth Department through its Youth for Democracy programme continues to support youth organisations and public authorities to address discrimination and hate speech through human rights education and youth policy measures. The Youth for Democracy programme has young people’s access to rights and Human Rights Education as one of its key objectives. Within this framework, it supports capacity building of Human Rights Education trainers and activists who are able to address the challenges of hate speech through non-formal education and youth work activities. In the framework of the campaign, the Youth Department developed the manual Bookmarks, which facilitates using Human Rights Education to address hate speech online, both inside and outside the formal education system.
Building on the legacy of the youth campaign and ECRI GPR No. 15 on combating hate speech, the Anti-Discrimination Department initiated new cooperation programmes to support member states in strengthening their approaches to combat hate speech by adopting appropriate responses including criminal, civil and administrative law sanctions and mechanisms to counter its harmful effects, such as prevention, self-regulation and counter speech. The cooperation programmes seek to establish national platforms to address discrimination, racist homo/transphobic violence and hate speech involving public authorities, legislative bodies, equality bodies, Ombudsoffices and civil society organisations, as well as the national campaigns committees of the No Hate Speech Movement youth campaign.
The European Convention on Human Rights guarantees freedom of expression under Article 10 and prohibits discrimination – in relation to other rights and freedoms under Article 14 and more generally pursuant to Article 1 of Protocol No. 12 – but it does not contain any provision directed specifically to the use of hate speech. Nonetheless, the European Court of Human Rights has had to address such use in several cases, striking a fair balance between these rights, which deserve equal respect. Unless the acts in question were considered entirely out with the protection afforded by
Convention, in accordance to Article 17 which prohibits acts and activity aimed at the destruction of any of the rights and freedoms in the ECHR, the Court has sought to judge whether the measures concerned were a restriction on the exercise of freedom of expression that could be regarded as serving a legitimate aim - such as for the protection of the rights of others. In this context, the Court has recognised that there is a positive obligation for member States to protect those targeted by the use of hate speech from any violence or other interferences with their rights.
The European Committee against Racism and Intolerance (ECRI), in its General Policy Recommendation No. 15 on Combating Hate Speech adopted in 2016, outlines how this balancing of rights can work in practice to ensure adequate possibilities for redress. A comprehensive national response to hate speech needs to address the rights of the individuals both on and offline, including of vulnerable groups which are most often targeted by hate speech, facilitate cohesion in society, and clarify the responsibilities and roles of the national authorities and other key stakeholders (local authorities, parliaments, Ombudsperson offices and other Equality bodies, Internet businesses, media, the education sector, NGO’s, etc). Such a multi-stakeholder cooperation can deliver a comprehensive approach, which would cover legislative and administrative measures; self- regulation; support to victims; education and awareness raising measures including through use of counter speech, and criminalising its most extreme manifestations as a last resort, while respecting freedom of expression. The General Policy Recommendation that anti-hate speech measures must be well-founded, proportionate, non-discriminatory, and not be misused to curb freedom of expression or assembly nor to suppress criticism of official policies, political opposition and religious beliefs.
The Training Course
These evolving Council of Europe standards and approaches to combating hate speech provide a sound and growing base to support national authorities, NGO’s and other stakeholders to address the challenges hate speech poses to human rights, democracy and the rule of law in Europe.
Both the Youth Department and Anti-Discrimination Department rely on its national and European partners and its consultants, trainers and experts to promote and educate on these evolving European values and standards. It is therefore essential that they are fully aware of the recent developments regarding the Council of Europe’s standards and approaches to combating hate speech and its implications for the roles and responsibilities of various stakeholders in society, notably local and national authorities, equality bodies/ ombudsoffices, and NGO’s.
The training course intends to improve the link between the Council of Europe’s standards and educational approaches in addressing hate speech. Therefore, it is aimed at multipliers active with young people on combating hate speech, experts working on standards on fighting discrimination and hate speech, and activists using human rights education and counter-narratives for awareness- raising against hate speech.