DISCRIMINATION AND HATE SPEECH IN THE LIGHT OF ECHR CASE LAW: CHALLENGES AND PROSPECTS

Abstract

The article analyzes the phenomenon of discrimination and hate speech through the lens of the case law of the European Court of Human Rights (ECHR), with the aim of identifying the main legal challenges and prospects for their resolution at the national level. The study highlights underexplored aspects, particularly the interrelation between hate speech and structural discrimination, as well as the criteria for distinguishing permissible expression from manifestations of hate speech in public discourse. The article reveals how the ECHR’s practice contributes to shaping a balance between freedom of expression and the protection of the rights of minorities and vulnerable groups.The methodological framework of the study includes systemic-structural, comparative-legal, formal-legal methods, and content analysis of ECHR decisions. The theoretical basis comprises ECtHR case law, research on human rights, non- discrimination, freedom of expression, and doctrinal positions of European human rights institutions.The research finds that ECHR jurisprudence establishes unified standards that can be integrated into national legal systems to improve anti-discrimination policies. Special attention is given to state responsibility for inaction in response to hate speech and to the ECHR’s approach to interpreting “incitement to hatred.” The article recommends the implementation of ECHR precedents in the judicial practice of Ukrainian courts, enhanced professional training for judicial and law enforcement personnel, and the development of clear criteria for identifying hate speech. Future research prospects include a deeper analysis of the role of social media in the dissemination of hate speech and the examination of practices of other international jurisdictions in combating discrimination and protecting human dignity.