Abstract
The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech. The Author points out regulations of Polish criminal law providing conditions of criminal responsibility for hate speech and binding criteria of the penalization, draft amendments in this area presented in recent years, as well as Polish legal doctrine or Supreme Court reviews referred to the issue. The background of the analyzes are provisions of international and European law as well as selected European states.
Highlights
The article contains arguments raised in Polish discussion on the problem of sexual orientation and gender identity as penalizing criteria of hate speech
In the criminology of last decades, hate speech has been identified as the so-called hate crime and has been seen as a political instrument used in a multicultural and pluralistic society to provide safety for various minorities and protect them against discrimination based on nationality, race, disability, religion, sexual orientation, gender identity, etc
For the last two decades in Poland some groups of MPs have propounded adding to the Polish Penal Code of 1997 (PC) new – for many controversial – criteria of criminal liability for hate speech, i.e. sexual orientation and gender identity
Summary
In my opinion the penalization of hate speech should be considered from the perspective of the widest possible axiological platform, that is,. In the criminology of last decades, hate speech has been identified as the so-called hate crime and has been seen as a political instrument used in a multicultural and pluralistic society to provide safety for various minorities and protect them against discrimination based on nationality, race, disability, religion, sexual orientation, gender identity, etc. This instrument has been thought to provide protection from intolerance, anti-Semitism, racism, chauvinism, xenophobia, nationalism, ethnocentrism, sexism, homophobia, transphobia, ageism, adultism, islamophobia, hostility towards minorities, immigrants, people of migrant origin, etc. Analogous drafts will undoubtedly come back in the future
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