The concept of hate speech and its comparative legal overview, with special emphasis on Bosnia and Herzegovina / Pojam govora mržnje i njegov uporedno-pravni prikaz sa posebnim osvrtom na Bosnu i Hercegovinu

Abstract

The concept, “hate speech’’ is often misinterpreted with ideological thinking. Because often ideological stance declared hate speech , and when he really is not. Ideologically different view in a democratic society is one of the basic principles of democracy, as the legal system of governance provided that this paragraph does not imply discrimination and incitement to violence for a variety of personal characteristics or individual belonging to a group. Discussions in which are represented the ideological views on the rights of persons belonging to a particular national or ethnic minorities are quite legitimate in the legal regulated society based on the rule of law, but only under the condition that it does not encourage hatred, intolerance, not glorifying superiority on the basis of skin color or membership in a particular community.
The reason for this is that the ideology based on an appeal to hatred and ideologies of superiority or inferiority based on race, language, color, religion and nationality are the legal principles underlying the democratic state, and in this sense every state must establish an effective legal framework to such ideologies were legally sanctioned .
 The author has conducted a legal analysis ,,the notion of hate speech ‘’, as well as its appearance in international legal documents. Also an analysis of how the concept of hate speech from its forms is regulated in parallel justice system, especially analyzed the occurrence of the term of ‘’hate speech’’ in the legal system of Bosnia and Herzegovina. The author used primarily normative, deductive and comparative legal method.