Religiously motivated hate speech targeting queer people: An International Human Rights Law Analysis

Project Synopsis

Title: Religiously motivated hate speech targeting queer people: An International Human Rights Law Analysis

Religiously motivated ‘hate speech’ which targets queer people presents a dilemma for human rights on the domestic, regional, and international level. From an international human rights law perspective, the rights to freedom of expression and freedom of religion are fundamental, protected in treaty and custom alike. However, simultaneously, there does exist the possibility of the restriction, and sometimes even the prohibition, of expression – including religious expression. ‘Hate speech’ in and of itself, however, is not regulated in international human rights law. This research analyses the possibility of obligations for states to regulate religiously motivated hate speech against queer people; and aims to identify the resulting implications for the right to free religious speech. Combining doctrinal legal analysis with critical theories, social-legal studies, political history, religious studies as well as queer hermeneutics, this dissertation seeks to unpack speech regulation and anti-discrimination measures within international human rights law in order to understand if firstly, such speech may be regulated – by restriction or prohibition – as well as, secondly, whether ‘sexual orientation’ and ‘gender identity’ are universally protected grounds against discrimination. Moreover, notwithstanding the findings related to the international human rights law position, on a practical level, what are the possible implications, as well as challenges, to regulating such speech? 

host institution
partner organization(s)
early stage researcher

ESR13 Tegan Snyman, PhD Candidate at Erasmus University Rotterdam

supervisor(s)

Prof. Jeroen Temperman, Erasmus University Rotterdam, international law and religion

Prof. Wibren van der Burg, Erasmus University Rotterdam, legal philosophy, legal theory, legal research methods

Outputs

Nkom, AA., Appiagyei-Atua, K., Coleman, TE., Allen, PC., Snyman, T., Besong, KD., & Mordi, J. (2023). A rights-based critique of cultural and religious intolerance against LGBTQIA+ persons in five African countries. African Human Rights Yearbook, 3-30, https://www.ahry.up.ac.za/nkom-aa-appiagyei-atua-k-coleman-te-allen-pc-snyman-t-besong-kd-mordi-j open access.

Snyman, T. (2022, October 18 – 19). ‘Sexual orientation’ and ‘gender identity’ as protected grounds against ‘hate speech’ within international human rights law [Conference Presentation]. International Workshop on Hate Speech – an Interdisciplinary Approach, Berlin, Germany, Hate Speech – International Workshops: Haifa and Berlin – Minerva Center for the Rule of Law under Extreme Conditions 

Religiously motivated hate speech against LGBTIQ+ people from the perspective of international human rights law (“IHRL”). A blogpost by Tegan Snyman (2022, March, 10) for International Gay/Lesbian Information Center and Archive (IHLIA), weblink

Snyman, T. (2022, January 17 – 19). Recognising gender identity as an internationally protected ground against hate speech [Conference Presentation]. International Workshop on Hate Speech – an Interdisciplinary Approach, Haifa, Israel/online, https://www.youtube.com/watch?v=_zdP2c9m54U&t=1544s