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  • Author or Editor: Agnes Callamard x
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In: The European Court of Human Rights and the Freedom of Religion or Belief

Abstract

The 25 years’ jurisprudence of the European Court of Human Rights on the intersection between expression and religion reveals that three main ideas of religion have coexisted alongside each other, for many decades predating the current era. The jurisprudence also shows that the Court somehow accommodated (and justified) these different ideas through a focus on democratic pluralism (not religious pluralism), a conception of pluralism which makes religion (including in its diverse expressions) subservient to democratic principles.

In: Religion & Human Rights

Abstract

The objective of this article is to address the questions as to whether Articles 19 and 20 of the ICCPR are an indivisible whole, and particularly as to whether States can impose restrictions on freedom of expression without first embracing the full scope of such freedom? The overriding objective is to clarify the nature of the obligations of States under Article 20 (limitations as an option or an obligation) following a series of freedom of expression related incidents that have polarised societies, created tensions and fuelled xenophobia and racist attitudes and highlighted the substantive ambiguities as to the “demarcation line” between freedom of expression and hate speech, especially in relation to religious issues.

In: Religion & Human Rights
Author:

This article reviews the policy responses and the freedom of expression case law following the Charlie Hebdo attack. It unpacks the ‘Countering Violent Extremism’ frame-work from a freedom of expression standpoint and analyses court decisions related to glorification of terrorism and incitement to hatred with a particular focus on France and the United States as well as Russia, and Scandinavia. It shows the determination of governments to tackle the non-violent “ideological” bases of “terrorism”, and to treat religion as largely a public order issue. It concludes that in a post-Charlie Hebdo world, courts also have taken short cuts, instrumentalising not only speech to perceived higher needs, but judicial reasoning and practices as well.

In: Religion & Human Rights