Discurso de ódio e colonialidade: um estudo sobre o marco regulatório da Organização das Nações Unidas a partir das perspectivas pós-colonial e descolonial

Abstract

In the United Nations (UN), hate speech has been understood as a kind of pejorative or discriminatory communication directed against social groups or their members based on identity factors. In the severe and prohibited expressions, there is the any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law, provided in Article 20 of the International Covenant on Civil and Political Rights. To interpret this, the UN adopted the Rabat Plan of Action, which includes a six-part threshold test to identify speeches that constitute an incitement. Although the advances, Rabat Plan of Action has deficits and limited understandings about the relationship between hate speech and the material experiences of vulnerability of the target social groups. The UN even indicates that these speeches articulate expressions of inferiority and dehumanization, which was one of the strategies used in colonialism to legitimize the domination of the other and is part of the coloniality. In this sense, the objective of this dissertation is to analyze how the logic of coloniality is related to the insufficiencies of the global regulatory framework for hate speech by the UN (focusing on Rabat Plan of Action and the six-part threshold test), distancing this legal mechanism from effective protection of minority social groups. The research starts from the understanding that hate speech follows the logic of coloniality and adopts post-colonial and decolonial theoretical references. The methodology used consists of deductive, comparative, and bibliographic research and indirect documentation. The results indicates that the hatred, the hostility, and the limitations of the right to freedom of expression have been interpreted with less emphasis in a material perspective, reflecting the conventional theory for this right and the premises of eurocentric theory of human rights, based on liberal and rational-individualistic premises. Both hide the social and political dimensions of hatred and historical experiences of subordination of the subjects resulting from modern colonial logic, precluding the existence of effective legal mechanisms for the protection of minority social groups, which requires interpretive reformulations since the decoloniality.