Religiously motivated hate speech targeting queer people: An international human rights law analysis

This thesis critically examines the extent to which international human rights law (IHRL) enables the protection of queer individuals from religiously motivated hate speech. The study addresses a complex intersection of human rights, focusing on the tension between the right to free religious expression and the right to non-discrimination. Using doctrinal legal analysis enriched by critical theories, it explores the gaps within IHRL concerning the regulation of hate speech rooted in religion, especially as it targets people based on their sexual orientation and gender identity (SOGI). By assessing treaty standards, jurisprudence, and normative frameworks, the research highlights the contested nature of hate speech definitions in IHRL and the implications of these ambiguities for the protection of queer people.

The findings reveal that while IHRL provides mechanisms to regulate speech which incites violence, the regulation of religiously motivated hate speech that does not meet this threshold remains inadequately addressed. The study develops a typology of hate speech, offering insights into how treaty standards might be applied to various forms of religious expression. Furthermore, it examines the evolution of SOGI recognition within UN and regional human rights systems, emphasizing the need for States to balance competing rights through legitimate restrictions. By clarifying State obligations under IHRL, this research contributes to broader debates on human rights protection and proposes a framework for addressing religiously motivated hate speech while respecting fundamental human rights.