THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS FRAGOSO DACOSTA V. SPAIN: ANOTHER STEP IN THE CONFUSION BETWEEN THE ECHR AND THE CT ON HATE SPEECH

Abstract

Hate speech is one of the principal areas of disagreement between Spanish Constitutional Court and the European Court of Human Rights. The most recent occasion on which was demonstrated was the ECHR Fragoso Dacosta v. Spain, which was the third consecutive condemnation of Spain for acts that the TC had qualified as hate speech. In this paper, though a jurisprudential examination of the doctrine of two courts, we intend to find out where the disagreement between the two courts lies, in order to elucidate a theorical path that could lead to a harmonization of the doctrine of both courts and avoid more condemnatory sentences in similar cases