本文對歐盟及其主要成員國治理種族歧視或仇恨言論立法之現狀、動因及不足進行了探析。歐盟及其主要成員國均立法將傳播種族歧視或仇恨言論界定為犯罪,其立法精神是與國際共識相一致的;而國家族群構成多元化以及種族主義問題凸顯,則是相關立法的社會動因;同時,根據變化了的社會族群結構調整相關立法,也是世界各國大勢所趨。基于歐洲自身傳統,歐盟及其主要成員國均未將"褻瀆宗教"納入種族歧視或仇恨言論治理范疇,在穆斯林群體成為歐洲最大的少數族群的當下,其無法妥善處理因"褻瀆"伊斯蘭教"先知"而引發的社會沖突;能否尊重伊斯蘭教特性,將"褻瀆"伊斯蘭教"先知"事件納入族群治理范疇,是歐洲不得不面臨的問題,也考驗著歐洲各國精英以及民眾的智慧。

This paper analyzes the current situation, causes and problems of the legislation of racial discrimination or hate speech in the European Union and its main member states. The EU and its main members consider racial discrimination or hate speech as a crime in their legal code, whose legislative spirit is consistent with the international consensus. Racial diversity and racism are the key causes of relevant legislation in Europe, which represents the prevailing practice and general trend all over the world. However, based on the European tradition, the EU and its main members are not taking blasphemy into consideration under racial discrimination or hate speech legislation and cannot properly deal with social conflicts caused by blasphemy – insulting the prophet of Islam. As Muslim group is becoming the largest ethnic minority in Europe, the EU and its main members will have to face the problem of whether respecting the characteristics of Islam and bringing blasphemy into legislation or not. It should be a test of the wisdom of the elite and people around Europe.