hate speech does not stop at harming the character and dignity of individuals,
but ultimately harms the identity of the target group and isolates them from the
rest of society. Furthermore, this violation of human nature not only destroys
individual dignity but ultimately prevents the development of an “ideal human
society” (UN International Convention on the Elimination of All Forms of Racial
Discrimination).
2) Violation of Personal Rights
Hate speech violates or threatens the basic freedom and rights of its subjects
as discussed below.
① Right not to be discriminated (Article 11 of the Constitution)
Hate speech negates and violates the rights of individuals not to be
discriminated or the rights to be equally protected under the law. It is behavior
that is based on discriminatory treatment or behavior that leads and causes such
discrimination. Hate speech characterizes a certain trait of the subject of hatred,
and treats them as exceptions from the right to be protected by the state or to be
safe, political rights, the right to be married or select a spouse, the freedom of rally
and association, the right to work and labor, the right to be educated and trained,
and the right to participate in cultural activities. This not only violates the equal
rights commonly stated in all human rights declarations including the International
Convention on the Elimination of All Forms of Racial Discrimination, it violates the
right to equality and the right to not be discriminated under the constitution of
Korea (Article 11).
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