Spain and Europe in the face of hate speech: first comparative approach to freedom of expression in Spanish and the European Court of Rights case law

Authors

  • MARTA RODRÍGUEZ RAMOS

DOI:

https://doi.org/10.36151/

Keywords:

Hate crime, freedom of expression, European Court of Human Rights, direct incitement, real danger

Abstract

This article analyses the most relevant case law on hate speech until 2018, distinguishing, the criteria required, on the one hand, by the Supreme Court and the Constitutional Court, and, on the other hand, by the European Court of Human Rights. Finally, a comparison is made between the two interpretations and a conclusion is reached as to its compatibility.

Downloads

Published

2025-07-10

Issue

Section

Doctrina

How to Cite

Spain and Europe in the face of hate speech: first comparative approach to freedom of expression in Spanish and the European Court of Rights case law. (2025). Revista Penal, 46, 190-206. https://doi.org/10.36151/