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Joint concurring opinion of Judges Spielmann and Nussbergerg in the case of Vejdeland and Others v. Sweden, No. 1813/07, ECtHR (Fifth Section), 9 February 2012

Abstract

Distribution at a school of leaflets containing hate speech directed against homosexual people. Interference by the state necessary in a democratic society for the protection of the reputation and rights of others.

Normative references

Art. 10 ECHR

Ruling

A real problem of homophobic and transphobic bullying and discrimination in educational settings may justify a restriction of freedom of expression under paragraph 2 of Article 10. Indeed, according to studies carried out across member States and supported by some government research, LGBT students suffer from bullying from both peers and teachers.