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本文对欧盟及其主要成员国治理种族歧视或仇恨言论立法之现状、动因及不足进行了探析。欧盟及其主要成员国均立法将传播种族歧视或仇恨言论界定为犯罪,其立法精神是与国际共识相一致的;而国家族群构成多元化以及种族主义问题凸显,则是相关立法的社会动因;同时,根据变化了的社会族群结构调整相关立法,也是世界各国大势所趋。基于欧洲自身传统,欧盟及其主要成员国均未将“亵渎宗教”纳入种族歧视或仇恨言论治理范畴,在穆斯林群体成为欧洲最大的少数族群的当下,其无法妥善处理因“亵渎”伊斯兰教“先知”而引发的社会冲突;能否尊重伊斯兰教特性,将“亵渎”伊斯兰教“先知”事件纳入族群治理范畴,是欧洲不得不面临的问题,也考验着欧洲各国精英以及民众的智慧。
This article explores the status quo, motives and shortcomings of the EU and its major member states in governing racial discrimination or hate speech legislation. Both the EU and its major member states legislate to criminalize the dissemination of racial discrimination or hate speech, whose legislative spirit is consistent with international consensus. The diversity of ethnic groups and the prominent issue of racism are the social causes of the relevant legislation. At the same time, it is also the general trend of all countries in the world to adjust relevant legislation according to the changed social group structure. Based on their own traditions in Europe, neither the EU nor its major member states have included “desecration of religions” in the category of racial discrimination or hate speech governance. As the Muslim community becomes the largest minority group in Europe, it can not properly handle “profane ”Social conflicts arising from Islam and the Prophet“; whether or not the Islamic identity is respected and the issue of ”profane“ ”Islam“ and ”Prophet" are included in the category of ethnic governance is a problem that Europe has to face and tests With the wisdom of elites and people in various European countries.