Religion and Freedom of Expression in the European Context

Notes

1. “Teacher Killed in France after Showing Blasphemous Sketches in Class,” Dawn, October 17, 2020, https://www.dawn.com/news/1585488; and Asad Hashim, “Hardline Pakistani Religious Leader Khadim Rizvi Dies,” Aljazeera, November 20, 2020, https://www.aljazeera.com/news/2020/11/20/hardline-pakistani-religious-leader-khadim-rizvi-dies. A history teacher was killed by a teenager in France for showing caricatures of Prophet Muhammad (PBUH) in his class on freedom of speech. The assailant was also shot dead by the Police when they sought to arrest him. Later, the French President Emmanuel Macron defended the ‘right to blaspheme’ under free speech rights, which was met by criticism, sparking protests in the Muslim-majority countries including in Pakistan. “Macron Decries ‘Islamist Separatism’, Defends Right to Blaspheme,” Aljazeera, September 4, 2020, https://www.aljazeera.com/news/2020/9/4/macron-decries-islamic-separatism-defends-right-to-blaspheme; “Pakistan Summons French Envoy to Protest Publication of Blasphemous Sketches, Macron's Statement,” Dawn, October 26, 2020, https://www.dawn.com/news/1587114. The Pakistani government officials strongly condemned the publication of blasphemous sketches by Charlie Hebdo, a French magazine and President Macron's remarks later on and his advocacy for the ‘right to commit blasphemy.‘

2. Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms authorizes the ECHR to receive applications from any person, nongovernmental organization or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or its Protocols.

3. There are certain misconceptions of Islam evident in the judgment. Among them is the indication that Prophet Muhammad (peace be upon him) is worshiped by Muslims, which is not a fact.

4. Zahid Aziz, comp., “Age of Aisha (ra) at Time of Marriage,” Muslim.org, accessed December 13, 2020, https://muslim.org/islam/aisha-age.htm. There is significant literature in which the researchers into Islamic jurisprudence and traditions have contradicted on the age of Aisha (may Allah be pleased with her). Some of these researchers suggest that Aisha was 19 at the time of her marriage. See e.g.

5. Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms describes the freedom of expression in these words: 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

6. Article 9 of the Conventions Reads: Freedom of thought, conscience and religion 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Ibid. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.