EIT: Sananvapautta ei ollut rikottu kun Itävalta rankaisi uskonrauhan rikkomisesta

28.10.2018 | Oikeusuutiset

Markku Fredman

Valittaja oli arvioinut profeetta Muhammedin mahdollisia pedofiilisiä taipumuksia

In today’s Chamber judgment1 in the case of E.S. v. Austria (application no. 38450/12) the European Court of Human Rights held, unanimously, that there had been:

  • no violation of Article 10 (freedom of expression) of the European Convention on Human Rights.

The case concerned the applicant’s conviction for disparaging religious doctrines; she had made statements suggesting that Muhammad had had paedophilic tendencies.

The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria. It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons.

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