The New Legal Mechanisms to Refute Hatred and Discrimination and Its Contemporize Applications

Dr. Alia’a Ali Zakaria
Ass. Prof. – Public Law- Faculty of Law Alain University For Science and Technology – UAE


The wide spread of hate speech crimes lead to violence and discrimination as well as endangering social peace and political stability. The idea of incitement to hate and discrimination is approaching the idea of public incitement and that the term “hate” does not mean not accepting, but means a great deal of disrespect. There is prohibition on distinguishing between a human being and another because of his or her affiliation to race, ethnicity or religion. In this research, the concept of hatred will be dealt with, especially its multiple types and all the examples of judicial rulings emphasizing discrimination and hatred. The study is divided into two chapters:
Chapter one handles definition of incitement to hate and discrimination. This is discussed in two topics. In topic one: the old concept of hate speech and discrimination. In topic two: the modern concept of hate speech and discrimination.
Chapter two handles countering hate speech and discrimination, it is discussed in two topics. In topic one: the role of legislative in countering hate speech and discrimination, including: the Federal Law Decree (UAE) no 2 of 2015, which focuses on combating all forms of discrimination and renouncing hate speech, and criminalization of discrimination between individuals or groups on the basis of religion, creed, sex, race, or color.
Comparing it with the French press law of 1881, which criminalized acts aimed at incitement to discrimination and hate, this law criminalized hate speech that was judged to be incompatible with the values of the Republic.
This is in addition to the Kuwaiti law, which refers to equality, non- discrimination and the removal of hatred in the constitution and many laws especially Decree Law no 19 of 2012. In topic two: the role of Judiciary provisions in countering hates speech and discrimination, such as the European Court of Human Rights which does not allow intolerance and punishes speech that promotes discrimination, ethnic, hate, or the dissemination of ideologies incompatible with democracy and human rights.

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