Knowledge (XXG)

E.S. v. Austria (2018)

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And me: 'A 56-year-old and a six-year-old? What do you call that? Give me an example? What do we call it, if it is not paedophilia?' Her: 'Well, one has to paraphrase it, say it in a more diplomatic way.' My sister is symptomatic . We have heard that so many times. 'Those were different times' – it wasn't okay back then, and it's not okay today. Full stop. And it is still happening today. One can never approve something like that. They all create their own reality because the truth is so cruel ...
162:, which campaigns on similar issues internationally, criticised the ruling as "fundamentally at odds with the spirit and tradition of free expression in Europe" expressed hope the case would be appealed and overturned in the Grand Chamber. It criticised the court's rationale in balancing the Article 10 right it is sworn to protect against "a previously nonexistent right to protection of one's 'religious feelings'". In a later speech on blasphemy laws before the 211:
the following paragraph (no. 15) of PACE Recommendation 1805 (2007) is potentially very important for any such new direction: "national law should only penalise expressions concerning religious matters which intentionally and severely disturb public order and call for public violence" (see paragraph 29 of the judgment).
183:, Simon Cottee expressed serious concerns about the judgment, saying "it has given legitimacy to what is in all but name an Austrian blasphemy law, and by invoking the slippery notion of "religious peace," it has effectively given a veto to those who would deploy violence in defense of their religious beliefs." 210:
The time has come to reassess this case-law. Which new direction should be taken? One new approach could be to examine all blasphemy-related restrictions on freedom of expression under Article 10 exclusively in terms of the legitimate aim of protecting public order (religious peace). We consider that
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I remember my sister, I have said this several times already, when made her famous statement in Graz, my sister called me and asked: 'For God's sake. Did you tell that?' To which I answered: 'No, it wasn't me, but you can look it up, it's not really a secret.' And her: 'You can't say it like that!'
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The court noted that the domestic courts comprehensively explained why they considered that the applicant's statements had been capable of arousing justified indignation; specifically, they had not been made in an objective manner contributing to a debate of public interest (e.g. on child marriage),
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The court held further that even in a lively discussion it was not compatible with Article 10 of the Convention to pack incriminating statements into the wrapping of an otherwise acceptable expression of opinion and claim that this rendered passable those statements exceeding the permissible limits
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Furthermore, the Court held that her statements were partly based on untrue facts and apt to arouse indignation in others. The national courts found that Mrs S. had subjectively labelled Muhammad with paedophilia as his general sexual preference, and that she failed to neutrally inform her audience
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Reactions from academics were varied. Some authors outlined that with this judgment the European Court of Human Right applied different standards to very similar situation ruled in the past. Moreover, no concrete offence to any individual was demonstrated, but only to the quite fuzzy and undefined
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On 15 February 2011, the Vienna Regional Criminal Court found that these statements implied that Muhammad had had paedophilic tendencies, and convicted Mrs S. for disparaging religious doctrines. She was ordered to pay a fine of 480 euros and the costs of the proceedings. Mrs S. appealed but the
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The most important of all Hadith collections recognised by all legal schools: The most important is the Sahih Al-Bukhari. If a Hadith was quoted after Bukhari, one can be sure that all Muslims will recognise it. And, unfortunately, in Al-Bukhari the thing with Aisha and child sex is written...
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One of the biggest problems we are facing today is that Muhammad is seen as the ideal man, the perfect human, the perfect Muslim. That means that the highest commandment for a male Muslim is to imitate Muhammad, to live his life. This does not happen according to our social standards and laws.
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of the historical background, which consequently did not allow for a serious debate on that issue. Hence, the court saw no reason to depart from the domestic courts' qualification of the impugned statements as value judgments which they had based on a detailed analysis of the statements made.
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went beyond the limits of a critical denial, and certainly where they were likely to incite religious intolerance, might a state legitimately consider them to be incompatible with respect for the freedom of thought, conscience and religion and take proportionate restrictive measures.
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the Court ruled differently than in E.S. v Austria, and ruled that Polish courts in a similar case concerning Catholicism "failed to identify and carefully weigh the competing interests at stake" and overturned a 2012 conviction for blasphemy. The court declared, among other things:
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Because he was a warlord, he had many women, to put it like this, and liked to do it with children. And according to our standards, he was not a perfect human. We have huge problems with that today, that Muslims get into conflict with democracy and our value system ...
84:, which was consummated when she was nine. Inter alia, the applicant stated that Muhammad "liked to do it with children" and "... A 56-year-old and a six-year-old? ... What do we call it, if it is not paedophilia?". 146:
The case was subject to criticism in public reporting, including the accusation that the judgment "imposed" a blasphemy law in Europe. Nevertheless, it was a source of concern for human rights commentators. The
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The court's decision was unanimous without concurring opinion. In March 2019, the Grand Chamber panel of five judges rejected the request for referral to the Grand Chamber. The decision became final.
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advocacy and repeal of blasphemy laws, was "frustrated" that the court did not uphold the complainant's Article 10 rights, criticising the court's "timidity".
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In October and November 2009, Mrs S. held two seminars entitled "Basic Information on Islam", in which she discussed the marriage between the Islamic prophet
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Andrea Gatti, "Freedom of Expression and Protection of Religious Peace in Europe: Considerations on E.S. v. Austria ECHR case law",
475: 228:"Worship" is the word used in the English version of the ruling, even though worshipping Muhammad (considering him divine) is 411: 63: 254: 66:(ECtHR) case where the court upheld a domestic court's fine on an Austrian woman who had called Mohammed a pedophile. 187:"religious peace" of Austria, and even that only potentially. For that reason it has been claimed that this judgment 70: 480: 340: 88:
Vienna Court of Appeal upheld the decision in December 2011, confirming in essence the lower court's findings.
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but could only be understood as having been aimed at demonstrating that Muhammad was not worthy of worship.
201: 319: 152: 341:"IHEU 'frustrated', as European Court fails to overturn 'blasphemy' conviction in Austria" 469: 229: 26: 416: 179: 159: 174:, and to the spirit and purpose of human rights as an international enterprise." 451: 367:"European Court of Human Rights rules that Austria can keep its blasphemy law" 385:"Humanists UK challenges Austria blasphemy ruling at UN Human Rights Council" 77: 73:), is an Austrian national who was born in 1971 and lives in Vienna. 232:, a sin in Islam. Muslims venerate Muhammad but do not worship him. 281:
Religion in Austria: An Annotated Bibliography of 2020 Scholarship
81: 300:"Freedom of expression or criminal blasphemy?: ES v Austria" 170:
judgment as running "counter to the principles held by the
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The statement that the Austrian woman originally said was:
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European Court of Human Rights cases involving Austria
45: 37: 25: 20: 199:In September 2022, in the subsequent ECtHR case 208: 98: 320:"Grand Chamber Panel's decisions – March 2019" 8: 439:Revista General de Derecho Publico Comparado 287:. University of Vienna. pp. 302, 308. 412:"A Flawed European Ruling on Free Speech" 191:endorsed the use of anti-blasphemy laws. 345:International Humanist and Ethical Union 255:"HUDOC - European Court of Human Rights" 149:International Humanist and Ethical Union 245: 221: 456:HUDOC - European Court of Human Rights 17: 172:Universal Declaration of Human Rights 7: 298:Cranmer, Frank (26 October 2018). 14: 410:Cottee, Simon (31 October 2018). 322:. European Court of Human Rights 452:"CASE OF RABCZEWSKA v. POLAND" 64:European Court of Human Rights 1: 118:Only where expressions under 62:was a case held before the 502: 135:of freedom of expression. 71:Elisabeth Sabaditsch-Wolff 166:, Humanists UK cited the 151:, an INGO concerned with 80:and a six-year old girl, 50: 113: 476:Blasphemy law in Europe 278:Pokorny, Lukas (2020). 164:UN Human Rights Council 142:International reactions 213: 111: 195:Later related rulings 69:The applicant, E.S. ( 51:Freedom of expression 458:. 15 September 2022. 202:Rabczewska v. Poland 158:The British charity 373:. 29 October 2018. 259:hudoc.echr.coe.int 92:Original statement 32:E.S. AS v. Austria 347:. 26 October 2018 55: 54: 493: 481:2018 in case law 460: 459: 448: 442: 435: 429: 428: 426: 424: 407: 401: 400: 398: 396: 381: 375: 374: 363: 357: 356: 354: 352: 337: 331: 330: 328: 327: 316: 310: 309: 307: 306: 295: 289: 288: 286: 275: 269: 268: 266: 265: 250: 233: 226: 114:Court's decision 18: 501: 500: 496: 495: 494: 492: 491: 490: 466: 465: 464: 463: 450: 449: 445: 436: 432: 422: 420: 409: 408: 404: 394: 392: 383: 382: 378: 365: 364: 360: 350: 348: 339: 338: 334: 325: 323: 318: 317: 313: 304: 302: 297: 296: 292: 284: 277: 276: 272: 263: 261: 252: 251: 247: 242: 237: 236: 227: 223: 218: 197: 144: 116: 94: 59:E.S. v. Austria 21:E.S. v. Austria 12: 11: 5: 499: 497: 489: 488: 483: 478: 468: 467: 462: 461: 443: 430: 402: 391:. 5 March 2019 376: 358: 332: 311: 290: 270: 244: 243: 241: 238: 235: 234: 220: 219: 217: 214: 196: 193: 143: 140: 115: 112: 93: 90: 53: 52: 48: 47: 43: 42: 39: 35: 34: 29: 27:Full case name 23: 22: 13: 10: 9: 6: 4: 3: 2: 498: 487: 484: 482: 479: 477: 474: 473: 471: 457: 453: 447: 444: 440: 434: 431: 419: 418: 413: 406: 403: 390: 386: 380: 377: 372: 368: 362: 359: 346: 342: 336: 333: 321: 315: 312: 301: 294: 291: 283: 282: 274: 271: 260: 256: 249: 246: 239: 231: 225: 222: 215: 212: 207: 204: 203: 194: 192: 190: 184: 182: 181: 175: 173: 169: 165: 161: 156: 154: 150: 141: 139: 136: 132: 128: 124: 121: 110: 106: 102: 97: 91: 89: 85: 83: 79: 74: 72: 67: 65: 61: 60: 49: 44: 40: 36: 33: 30: 28: 24: 19: 16: 455: 446: 438: 433: 421:. Retrieved 417:The Atlantic 415: 405: 393:. Retrieved 389:Humanists UK 388: 379: 371:Humanists UK 370: 361: 349:. Retrieved 335: 324:. Retrieved 314: 303:. Retrieved 293: 280: 273: 262:. Retrieved 258: 248: 224: 209: 200: 198: 188: 185: 180:The Atlantic 178: 176: 167: 160:Humanists UK 157: 145: 137: 133: 129: 125: 117: 107: 103: 99: 95: 86: 75: 68: 58: 57: 56: 31: 15: 423:15 November 351:15 November 177:Writing in 470:Categories 326:2019-10-24 305:2018-10-31 264:2018-10-31 240:References 120:Article 10 189:de facto 153:humanist 78:Muhammad 46:Keywords 441:, 2018. 395:5 March 168:Austria 41:Chamber 38:Chamber 253:ECHR. 285:(PDF) 230:shirk 216:Notes 82:Aisha 425:2018 397:2019 353:2018 472:: 454:. 414:. 387:. 369:. 343:. 257:. 427:. 399:. 355:. 329:. 308:. 267:.

Index

Full case name
European Court of Human Rights
Elisabeth Sabaditsch-Wolff
Muhammad
Aisha
Article 10
International Humanist and Ethical Union
humanist
Humanists UK
UN Human Rights Council
Universal Declaration of Human Rights
The Atlantic
Rabczewska v. Poland
shirk
"HUDOC - European Court of Human Rights"
Religion in Austria: An Annotated Bibliography of 2020 Scholarship
"Freedom of expression or criminal blasphemy?: ES v Austria"
"Grand Chamber Panel's decisions – March 2019"
"IHEU 'frustrated', as European Court fails to overturn 'blasphemy' conviction in Austria"
International Humanist and Ethical Union
"European Court of Human Rights rules that Austria can keep its blasphemy law"
"Humanists UK challenges Austria blasphemy ruling at UN Human Rights Council"
"A Flawed European Ruling on Free Speech"
The Atlantic
"CASE OF RABCZEWSKA v. POLAND"
Categories
Blasphemy law in Europe
2018 in case law
European Court of Human Rights cases involving Austria

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