30 No. 59 JUSTICE ule of Law, Freedom of Expression and Criminalization of Hate Speech The establishment of an independent and sovereign Republic of Croatia initiated the process of its development into a democratic society, based on respect of fundamental human rights and freedoms. Political and historical circumstances, as well as the desire to join the European Union, helped the country's democratic evolvement into a state where equality and equal opportunities of minorities represent the highest value of the constitutional order. Today, freedom of expression is recognized as a fundamental human right in every democratic society. It was achieved as a result of mankind's historical struggle for the right to personal autonomy.1 The basic principle is to ensure the possibility of individual or collective expression of not only ideas that are regarded as positive or neutral, but also of those that offend, shock or disturb society.2 However, as is the case with all rights and freedoms, affirmation of the freedom of expression is not absolute. It ends where legitimate rights of other people begin, individual or collective, which at the very least, deserve the same attention and protection. Moreover, an individual act in the form of freedom of expression may be, in essence, something entirely different depending on its motivation and content. We are currently witnessing repeated instances of abuse of freedom of expression, which is reflected in the expression of ideas inciting violence and hatred towards individuals or specific social groups. The value of freedom of expression then becomes merely a formal excuse for violence and hatred conveyed by the message. Violence means the use of physical or mental coercion against another person. It includes abuse and harassment, physical or mental, in a particular human environment in the broadest sense.3 Hate is a feeling of extreme aversion and hostility against an individual or group. It is manifested through hostile acts and actions that offend, degrade, belittle, humiliate, demean, despise or ridicule another person or persons.4 All forms of expression that spread, incite, promote or justify racial hatred, xenophobia, antisemitism or other forms of hatred based on intolerance are jointly referred to as hate speech.5 These include intolerance expressed by aggressive nationalism and ethnocentrism, and discrimination and hostility against minorities, migrants and people of immigrant origin, The frequent abuse of freedom of expression has resulted in the need to create a legal framework that will prevent such behavior and ensure mutual tolerance and respect of the dignity of all human beings. Regarding Croatia, the need to create such a legal framework particularly came into focus during the process of its accession to the European Union, when it was necessary to align national legislation with acquis communautaire. Today, Croatia has established legislation geared towards the prevention of hate speech in the public sphere, including the prevention of antisemitism as its manifestation. Antisemitism is a certain perception of Jews that may be defined as hatred. It includes oral, written and physical manifestations of that hatred directed toward Jewish individuals and/or their property, Jewish Legal Framework and Case-Law on Hate Speech in the Republic of Croatia, with Special Focus on Antisemitism R Daniel Benko andAna Vargek 1. Dirk Ehlers, EUROPEAN FUNDAMENTAL RIGHTS AND FREEDOMS (2007). 2. Erbakan v. Turkey, Application No. 59405/00, Decision of July 6, 2006, Eur. Ct. H. R. http://hudoc.echr.coe.int/ eng#{"itemid":["001-76232"]. 3. LEGAL THESAURUS (Vladimir Pezo ed., 2007). 4. KOMENTAR KAZNENOG ZAKONA, (Ksenija Turković et al., 2013). 5. Recommendation of the Council of Europe Committee of Ministers No. R (97) 20 on “hate speech” of Oct. 30, 1997 available at https://rm.coe.int/CoERMPublicCommonSearchServices/Dis playDCTMContent?documentId=0900001680505d5b (last visited March 22, 2017).
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