6 - Conclusions

Summary

The chapter argues that finding a universal normative framework for the right to protection from incitement to hatred is by no means straightforward. It does not appear possible to secure broad agreement on an approach that moves beyond the current level of abstraction by adding specificity to the content and effects of proscribed advocacy of hatred. Not only have the five internal features of the right significantly influenced its problematic journey within IHRL; they also appear to preclude the progressive normative development of IHRL in the area of incitement to hatred as a response to contemporary problems in hate speech regulation. The chapter argues that in order for the international community to overcome such paralysis, efforts to further develop the international norm prohibiting incitement to hatred shall be directed towards approaches that place more emphasis on procedural development than legal or textual development. This approach would not answer the difficult question of what the precise legal threshold of Article 20(2) is; rather, it would address how to determine such threshold within different national contexts.