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European Court of Human Rights, E.S. v. Austria

Dirk Voorhoof (UGent)
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Abstract
In line with its earlier case law the ECtHR recently reiterated that expressions that seek to spread, incite or justify hatred based on intolerance, including religious intolerance, do not enjoy the protection afforded by Article 10 ECHR. The ECtHR confirms that people with a religious conviction, irrespective of whether they belong to a religious majority or a minority, cannot expect to be exempt from criticism and must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith. However, expressions that go beyond the limits of a critical denial of other people’s religious beliefs and are likely to incite religious intolerance, for example in the event of an improper or even abusive attack on an object of religious veneration, may be legitimately considered as incompatible with respect for the freedom of thought, conscience and religion as protected by Article 9 ECHR. In such situations the state can take proportionate restrictive measures. According to the ECtHR it is a general requirement to ensure the peaceful enjoyment of the rights guaranteed under Article 9 ECHR to the holders of such beliefs including a duty to avoid as far as possible an expression that is, in regard to objects of veneration, gratuitously offensive to others and profane.
Keywords
Freedom of expression, religious insult, gratuisly offensive speech, Article 9 ECHR, Article 10 ECHR

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Citation

Please use this url to cite or link to this publication:

Chicago
Voorhoof, Dirk. 2019. “European Court of Human Rights, E.S. V. Austria.” Iris (english Ed. Online) (1).
APA
Voorhoof, D. (2019). European Court of Human Rights, E.S. v. Austria. IRIS (ENGLISH ED. ONLINE), (1).
Vancouver
1.
Voorhoof D. European Court of Human Rights, E.S. v. Austria. IRIS (ENGLISH ED. ONLINE). Strasbourg: European Audiovisual Observatory; 2019;(1).
MLA
Voorhoof, Dirk. “European Court of Human Rights, E.S. V. Austria.” IRIS (ENGLISH ED. ONLINE) 1 (2019): n. pag. Print.
@article{8588284,
  abstract     = {In line with its earlier case law the ECtHR recently reiterated that expressions that seek to spread, incite or justify hatred based on intolerance, including religious intolerance, do not enjoy the protection afforded by Article 10 ECHR. The ECtHR confirms that people with a religious conviction, irrespective of whether they belong to a religious majority or a minority, cannot expect to be exempt from criticism and must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith. However, expressions that go beyond the limits of a critical denial of other people{\textquoteright}s religious beliefs and are likely to incite religious intolerance, for example in the event of an improper or even abusive attack on an object of religious veneration, may be legitimately considered as incompatible with respect for the freedom of thought, conscience and religion as protected by Article 9 ECHR. In such situations the state can take proportionate restrictive measures. According to the ECtHR it is a general requirement to ensure the peaceful enjoyment of the rights guaranteed under Article 9 ECHR to the holders of such beliefs including a duty to avoid as far as possible an expression that is, in regard to objects of veneration, gratuitously offensive to others and profane.},
  author       = {Voorhoof, Dirk},
  issn         = {1023-8565},
  journal      = {IRIS (ENGLISH ED. ONLINE)},
  language     = {eng},
  number       = {1},
  pages        = {2},
  publisher    = {European Audiovisual Observatory},
  title        = {European Court of Human Rights, E.S. v. Austria},
  url          = {http://merlin.obs.coe.int/newsletter.php?year=2019\&issue=1\&id=16383},
  year         = {2019},
}