Sexist hate speech: a violation of Article 9(1) ICCPR on the right to security of person?

Abstract

Today, hate speech is one of the most important categories of anti-oppression debates; a great deal of energy has been devoted to identifying, characterizing and in some cases penalising hate speech. However, currently the Covenant on Civil and Political Rights (ICCPR) only responds to race, nationality, and religion. As a result, a clear emphasis on gender identity as a socially salient trait in relation to hate speech is lacking. Despite the seriousness of the emotional and psychological effects of sexist hate speech, some glaring gaps in the hate speech provision, Article 20 of the ICCPR, are observable. Figuring out how to address sexist hate speech within the ICCPR framework is therefore an important project. My aim in this project is twofold: First, I argue that sexist hate speech is violent speech that falls outside the scope of protected speech under Article 19 (2) of the ICCPR. Second, I argue that sexist hate speech, although not provided for under Article 20 of the ICCPR, should be addressed through the provision on the right to security of person in Article 9(1) of the ICCPR. Consequently, I develop the standard for psychological harm and outline the evidentiary requirements that the Human Rights Committee should be guided by when adjudicating claims of psychological harm caused by sexist hate speech.