Horizontal Facility III - Combating Discrimination and Hatred

Back Debating free speech and legal limits in Pristina

Vasileios GIANNIAS

Modified 5 Months ago.

Debating free speech and legal limits in Pristina

A Judicial Dialogue on freedom of expression standards and hate speech brought together judges, prosecutors, lawyers, representatives of institutions, civil society organisations and international partners. The roundtable, jointly organised by three Council of Europe projects, provided a platform to discuss how justice system can better address the complex balance between protecting free speech and regulating hate speech.

Participants examined European standards and relevant case law on combating hate speech, with particular attention to the risks posed by the misuse of criminal law to restrict legitimate freedom of expression. The discussion highlighted how disproportionate criminalisation can produce a chilling effect on journalists, activists and human rights defenders, while insufficient enforcement may fail to address harmful incitement.

Two panel discussions focused on:

the state response to hate speech, including challenges in applying existing legislation and ensuring consistent interpretation aligned with Article 10 ECHR; and

the role of civil society and legal education institutions in building the capacities of professionals dealing with such cases.

Speakers noted that addressing hate speech remains an ongoing challenge, with courts frequently tasked with drawing a delicate line between legitimate freedom of expression and unlawful speech that incites hatred, intolerance, discrimination, or violence. They emphasised the need for clearer guidance, improved access to Council of Europe tools and methodologies, and stronger peer-to-peer learning to support practitioners navigating ambiguous or borderline cases.

With the support of the HF Action on Combating Discrimination and Hatred, local authorities have also initiated amendments to the Law on Protection from Discrimination to integrate the latest standards, including the Committee of Ministries of the Council of Europe Recommendation on combating hate speech. This represents an important step toward strengthening Equality Bodies and ensuring more effective implementation by law enforcement.

This event is organised under the frameworks of the Horizontal Facility Actions “Protecting Freedom of Expression and of the Media (PROFREX)”; Combating Discrimination and Hatred as well as by the VC Project “Support to the Constitutional Court in Applying and Disseminating European Human Rights Standards – Phase II”

PRISTINA, Kosovo* 2 DECEMBER 2025

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The action “Combating discrimination and hatred” is designed to bring forward the reforms of the human rights mechanisms at central and local levels. It further supports Kosovo*'s alignment with European standards on anti-discrimination, notably those from the European Commission against Racism and Intolerance (ECRI) and to follow up on the latest EU report on Kosovo recommendations in the area of fundamental rights.

The action builds on the results of the previous action on “Promotion of diversity and equality in Kosovo”, and is implemented within the joint programme of the European Union and the Council of Europe “Horizontal Facility for the Western Balkans and Türkiye”, running from January 2023 until December 2026.

What is the goal(s) and objective(s) of the action?

The action "Combating discrimination and hatred" aims to strengthen and support the public institutions and local actors in the field of fighting discrimination, and assist beneficiaries in the ongoing reforms in combating discrimination and hate speech, as well as protection of vulnerable groups.
The action is also raising awareness among the general population about the dangers of hate speech and how to fight it.

Who benefits from the action?

Main beneficiaries and end beneficiaries of the action are Office for Good Governance – Prime Minister’s Office; Ombudsperson Institution; Agency for Free Legal Aid; Agency for Civil Registration; Local communities/governments; universities and secondary schools; LGBTI population; minority population; Civil Society Organisations (CSOs) in the area of anti-discrimination and general public.

How does the action work?

The action is designed along three main components:

in the field of anti-discrimination, the Office for Good Governance and the Ombudsperson Institution will be supported in implementing the anti-discrimination framework;
in the field of combating hate speech and hate crimes, notably against ethnic and sexual minorities in reinforcing the institutional and CSO responses to hatred (e.g. hate incidents protocols; data collection; investigations; detecting and combating bullying as a form of hatred);
raising awareness and reaching out to the public at the local level to promote tolerance and mutual understanding and fostering equality.

What do we expect to achieve?

Relevant public institutions and other non-state stakeholders in Kosovo effectively implement legal and policy reforms on anti-discrimination/ hate crime/ hate speech/ racism enabling further protection of vulnerable groups and sexual minorities in line with European standards. In this context the awareness of the people living in Kosovo will be raised regarding fight against discrimination and promoting an equal and diverse society.

What is the budget of the action?

The total budget of the action is 450.000 Euros.

The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).

How to get more information?

HF on Facebook

Council of Europe Office in Pristina

Council of Europe: Inclusion and anti-discrimination

Block the Hatred Campaign

Horizontal Facility website and e-mail address

About Horizontal Facility for the Western Balkans and Türkiye

The “Horizontal Facility for the Western Balkans and Türkiye” is a joint initiative of the European Union and the Council of Europe that enables the Western Balkans Beneficiaries and Türkiye to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with the European standards, which is also a priority for the EU enlargement process.

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence".