THE CRIMINAL CONFRONTATION FOR CRIMES OF DISCRIMINATION AND HATE SPEECH: A COMPARATIVE STUDY
1. Introduction. – 1.1. The Study Importance. – 1.2. The Study Problem. – 1.3. The Study Objectives. – 1.4. The Study Approach. – 2. The Meaning of the Crimes of Disseminating and Promoting Discrimination and Hate Speech. – 2.1. The Definition of Discrimination and Hate in Jurisprudential Terms. – 2.2. The Definition of Discrimination and Hate Crimes In Law. – 2.3. The Characteristics of Disseminating and Promoting Discrimination and Hate Speech. – 3. The Penalty for the Crime of Disseminating and Promoting Discrimination and Hate Speech in the Emirati Law. – 3.1. Lenient Sentencing. – 3.2. Penalty with its Severe Image (Severe Conditions). – 4. Results and Conclusions. – 5. Recommendations.
Abstract
Background: The crime of disseminating hate speech is considered amongst the most prominent crimes in this era, particularly with the rapid technological advancements witnessed globally, which have contributed to its emergence across all communities. Given its seriousness, this crime threatens societal stability and security. In a bid to foster a culture of global tolerance and encounter the various manifestations of discrimination and racism, the Emirati legislator enshrined criminal protection for individuals against discrimination and hate speech based on ethnicity, race and religion. This legal safeguard is articulated in Federal Law No. 34 of 2023 concerning Combating Discrimination, Hatred and Extremism. Moreover, the Federal Decree-Law No. 34 of 2021, which addresses Combating Rumors and Cybercrimes, further reinforces this legal framework, specifically targeting the spread of such offences through digital channels. This addition underscores the UAE’s comprehensive approach to addressing hate speech and discrimination, acknowledging the evolving nature of these crimes in an increasingly connected world.
Methods: The research aims to explore the effectiveness of Emirati law in combating discrimination and hate speech crimes through a multi-method approach, which includes a comparative dimension. Firstly, we conducted a comprehensive literature review of existing legal texts and scholarly articles to understand the broader legal context and historical perspectives on these crimes. This review extended beyond Emirati legal sources to encompass international legal standards and comparative legal analyses, allowing us to contextualise the Emirati legal framework within a global perspective.
Results and Conclusions: Our study has provided a detailed examination of the complexities and challenges in addressing the crimes of disseminating and promoting discrimination and hate speech within the UAE legal framework. We have identified that these crimes are inherently complex, requiring a specific intent to provoke violence and discrimination. Our analysis reveals a gap in the current legal approach, particularly in addressing the full scope of hate crimes and the nuances of criminal intent. In light of these findings, we have proposed several critical amendments to the UAE law combating discrimination and hate speech. These include refining the definitions and scope of discrimination in Article 1, incorporating "motive for hate" as a key element in Article 4, revising Article 10 to focus on general criminal intention, and enhancing penalties in Article 16 when foreign financial support is involved. These recommendations aim to strengthen the legal framework, making it more comprehensive and effective in combating discrimination and hate speech, thereby safeguarding social security and human rights. This research contributes significantly to understanding hate speech and discrimination crimes in the UAE and offers practical solutions for legal reform. It underscores the need for continuous evaluation and adaptation of laws to address evolving social challenges effectively.
Methods: The research aims to explore the effectiveness of Emirati law in combating discrimination and hate speech crimes through a multi-method approach, which includes a comparative dimension. Firstly, we conducted a comprehensive literature review of existing legal texts and scholarly articles to understand the broader legal context and historical perspectives on these crimes. This review extended beyond Emirati legal sources to encompass international legal standards and comparative legal analyses, allowing us to contextualise the Emirati legal framework within a global perspective.
Results and Conclusions: Our study has provided a detailed examination of the complexities and challenges in addressing the crimes of disseminating and promoting discrimination and hate speech within the UAE legal framework. We have identified that these crimes are inherently complex, requiring a specific intent to provoke violence and discrimination. Our analysis reveals a gap in the current legal approach, particularly in addressing the full scope of hate crimes and the nuances of criminal intent. In light of these findings, we have proposed several critical amendments to the UAE law combating discrimination and hate speech. These include refining the definitions and scope of discrimination in Article 1, incorporating "motive for hate" as a key element in Article 4, revising Article 10 to focus on general criminal intention, and enhancing penalties in Article 16 when foreign financial support is involved. These recommendations aim to strengthen the legal framework, making it more comprehensive and effective in combating discrimination and hate speech, thereby safeguarding social security and human rights. This research contributes significantly to understanding hate speech and discrimination crimes in the UAE and offers practical solutions for legal reform. It underscores the need for continuous evaluation and adaptation of laws to address evolving social challenges effectively.
About Authors
Mohammad Amin Alkrisheh
Dr.Sc. (Law), Full Professor, Public Law Department, College of Law, Al Ain University, Al Ain, United Arab Emirates mohammad.alkrisheh@aau.ac.ae
https://orcid.org/0000-0002-3649-9494
Co-author, responsible for research methodology, data collection, writing – original draft, writing – review & editing and supervising.
Said Obaid Al-Katbi
Master of Law, Faculty of Law, Al Ain University, Abu Dhabi Police GHQ, Abu Dhabi, United Arab Emirates Salketbi91@hotmail.com
Co-author, responsible for data collection and writing – original draft.
Khawlah M. Al-Tkhayneh
PhD (Law), Assistant Professor, College of Education, Humanities and Social Sciences, Al Ain University, Al Ain, United Arab Emirates khawlah.altkhayneh@aau.ac.ae
https://orcid.org/0000-0002-1034-5382
Corresponding author, responsible for conceptualization, writing, and data collection.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Managing editor – Mag. Yuliia Hartman. English Editor – Julie Bold.
Copyright: © 2024 Mohammad Amin Alkrisheh, Saif Obaid Al-Katbi and Khawlah M. Al-Tkhayneh. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Dr.Sc. (Law), Full Professor, Public Law Department, College of Law, Al Ain University, Al Ain, United Arab Emirates mohammad.alkrisheh@aau.ac.ae
https://orcid.org/0000-0002-3649-9494
Co-author, responsible for research methodology, data collection, writing – original draft, writing – review & editing and supervising.
Said Obaid Al-Katbi
Master of Law, Faculty of Law, Al Ain University, Abu Dhabi Police GHQ, Abu Dhabi, United Arab Emirates Salketbi91@hotmail.com
Co-author, responsible for data collection and writing – original draft.
Khawlah M. Al-Tkhayneh
PhD (Law), Assistant Professor, College of Education, Humanities and Social Sciences, Al Ain University, Al Ain, United Arab Emirates khawlah.altkhayneh@aau.ac.ae
https://orcid.org/0000-0002-1034-5382
Corresponding author, responsible for conceptualization, writing, and data collection.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Managing editor – Mag. Yuliia Hartman. English Editor – Julie Bold.
Copyright: © 2024 Mohammad Amin Alkrisheh, Saif Obaid Al-Katbi and Khawlah M. Al-Tkhayneh. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
References
1. Adil KM, ‘The Crime of Racial Discrimination in Algerian Law’ (master’s thesis, Mohammad Kheidar University 2015).
2. Al-Arabi D, ‘The Privacy of Judicial Control Procedures for Discrimination Crimes and Hate Speech According to Law 2005’ (2021) 6(2) Journal of Human Rights and Public Liberties 211.
3. Al-Haja W, ‘Hate Speech between Freedom of Expression and Criminalization: A Study in Light of the Provisions of International Law’ (2020) 4(1) International Journal of Legal and Policy Research 67.
4. Al-Jubouri MDS, ‘Racial Discrimination from the Perspective of Criminal Law: Comparative Analytical Study’ (2018) 2(3/1) Tikrit University Journal of Law 350.
5. Al-Majali NT, An Explanation of the Penal Code: General Section (Dar Al-Thaqafa Publishing and Distribution Library 1998).
6. Al-Maraghi AA, ‘The Role of Criminal Law in Protecting Freedom of Religion’ (Respect for Religions and Freedom of Expression of Opinion: annual scientific conference, May 3-4, 2015, Faculty of Law, Helwan University).
7. Al-Mudhakhi HRM, Information Crimes: A Comparative Study (Halabi Human Rights Publications 2014).
8. Badr YA, Contempt of Religions between Freedom, Protection and Responsibility (House of Thought and Law 2017).
9. De Witte F, ‘EU Law and the Question of Justice’(doctoral thesis, London School of Economics and Political Science 2012).
10. Hammouda AMA, Explaining the General Provisions of the UAE Federal Penal Code: General Section (Dubai Police Academy 2014).
11. Housni MN, An Explanation of the Penal Code: General Section (Dar Al-Nahda AlArabiya 2019).
12. Monjid MM, ‘Legislative Policy in Confronting Discrimination and Hate Crimes in Federal Law: Analytical Study’ (2019) 43(3) Law Journal 271, doi:10.34120/0318-043- 003-007.
13. Uviller HR, ‘Making it Worse: “Hate” as an Aggravating Factor in Criminal Conduct’ (2000) 23 (4) Ethnic and Racial Studies 761, doi:10.1080/01419870050033711.
14. Zahra WH, “I Hate You…”: Hate Speech and Sectarianism in the Arab Spring Media (Center for the Protection and Freedom of Journalists 2014).
15. Zakaria AA, ‘The New Legal Mechanisms to Refute Hatred and Discrimination and Its Contemporize Applications’ (2017) Spec (2/1) Kuwait International Law School Journal 533.
2. Al-Arabi D, ‘The Privacy of Judicial Control Procedures for Discrimination Crimes and Hate Speech According to Law 2005’ (2021) 6(2) Journal of Human Rights and Public Liberties 211.
3. Al-Haja W, ‘Hate Speech between Freedom of Expression and Criminalization: A Study in Light of the Provisions of International Law’ (2020) 4(1) International Journal of Legal and Policy Research 67.
4. Al-Jubouri MDS, ‘Racial Discrimination from the Perspective of Criminal Law: Comparative Analytical Study’ (2018) 2(3/1) Tikrit University Journal of Law 350.
5. Al-Majali NT, An Explanation of the Penal Code: General Section (Dar Al-Thaqafa Publishing and Distribution Library 1998).
6. Al-Maraghi AA, ‘The Role of Criminal Law in Protecting Freedom of Religion’ (Respect for Religions and Freedom of Expression of Opinion: annual scientific conference, May 3-4, 2015, Faculty of Law, Helwan University).
7. Al-Mudhakhi HRM, Information Crimes: A Comparative Study (Halabi Human Rights Publications 2014).
8. Badr YA, Contempt of Religions between Freedom, Protection and Responsibility (House of Thought and Law 2017).
9. De Witte F, ‘EU Law and the Question of Justice’(doctoral thesis, London School of Economics and Political Science 2012).
10. Hammouda AMA, Explaining the General Provisions of the UAE Federal Penal Code: General Section (Dubai Police Academy 2014).
11. Housni MN, An Explanation of the Penal Code: General Section (Dar Al-Nahda AlArabiya 2019).
12. Monjid MM, ‘Legislative Policy in Confronting Discrimination and Hate Crimes in Federal Law: Analytical Study’ (2019) 43(3) Law Journal 271, doi:10.34120/0318-043- 003-007.
13. Uviller HR, ‘Making it Worse: “Hate” as an Aggravating Factor in Criminal Conduct’ (2000) 23 (4) Ethnic and Racial Studies 761, doi:10.1080/01419870050033711.
14. Zahra WH, “I Hate You…”: Hate Speech and Sectarianism in the Arab Spring Media (Center for the Protection and Freedom of Journalists 2014).
15. Zakaria AA, ‘The New Legal Mechanisms to Refute Hatred and Discrimination and Its Contemporize Applications’ (2017) Spec (2/1) Kuwait International Law School Journal 533.
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Keywords
- discrimination, hate speech, social peace, criminal confrontation, Federal Decree Law No. 34 of 2023 Concerning Combating Discrimination, Hatred and Extremism, UAE.
Publication history
How to cite it?
- Alkrisheh M, Al-Katbi S and Al-Tkhayneh K, ‘The Criminal Confrontation for the Crimes of Discrimination and Hate Speech: A Comparative Study’ (2024) 7(2) Access to Justice in Eastern Europe 138-62. Last published 1 May 2024 https://doi.org/10.33327/AJEE-18-7.2- a000210
