If you can’t stand the heat, don’t turn up the oven: Strasbourg Court expands tolerance for criticism of xenophobia to criticism of homophobia

This post was written by Sander Steendam, Ph.D. Researcher at the Human Rights Centre of Ghent University. Sander works on the IAP project ‘The Global Challenge of Human Rights Integration: Towards a Users’ Perspective’. In his research, Sander focuses on LGBT rights.

On the 17th of April 2014, the European Court of Human Rights issued a judgement in the case of Mladina v. Slovenia. In this case, the Court further develops its standing case law on “public statements susceptible to criticism”. When assessing defamation cases, the Court has in the past found that authors of such statements should show greater resilience when offensive statements are in turn addressed to them.

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