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A Human Rights-Based Rejection of Combating Religious Defamation & A Conceptualization of the Prohibition of Religious Hate Speech
Outline: Historical background to problematique State practice: defamation & hate speech Approach UN Political Bodies vs. Approach UN Expert Bodies European Convention System Conceptualization of the prohibition of religious hate speech
Dr. Jeroen Temperman, Erasmus University Rotterdam
Religious Sources
Monotheistic world religions & Blasphemy:
Leviticus 24:1023
Now an Israelite womans son, whose father was an Egyptian, went out among the people of Israel. And the Israelite womans son and a man of Israel fought in the camp, and the Israelite womans son blasphemed the Name, and cursed. Then they brought him to Moses. His mothers name was Shelomith, the daughter of Dibri, of the tribe of Dan. And they put him in custody, till the will of the LORD should be clear to them. Then the LORD spoke to Moses, saying, "Bring out of the camp the one who cursed, and let all who heard him lay their hands on his head, and let all the congregation stone him. And speak to the people of Israel, saying, Whoever curses his God shall bear his sin. Whoever blasphemes the name of the LORD shall surely be put to death. All the congregation shall stone him. The sojourner as well as the native, when he blasphemes the Name, shall be put to death" So Moses spoke to the people of Israel, and they brought out of the camp the one who had cursed and stoned him with stones. Thus the people of Israel did as the LORD commanded Moses (English Standard Version, emphasis added).
Matthew 12:3032
Whoever is not with me is against me, and whoever does not gather with me scatters. Therefore I tell you, every sin and blasphemy will be forgiven people, but the blasphemy against the Spirit will not be forgiven. And whoever speaks a word against the Son of Man will be forgiven, but whoever speaks against the Holy Spirit will not be forgiven, either in this age or in the age to come
(ESV, emphasis added).
Dr. Jeroen Temperman, Erasmus University Rotterdam
Blasphemy/defamation bans initially designed to protect official/predominant religion specifically Christian blasphemy prohibitions (cannon or common law) criminalized intentionally shocking or harming the religious feelings of the community
Islamic blasphemy ban: tighter nexus with prohibition of apostasy/conversion (away from Islam)
State Practice Predominantly Islamic States o Fairly ubiquitous o No dead letter o Tight nexus between blasphemy and apostasy o Blasphemy laws occasionally (ab)used to crackdown on:
Pakistani Example
Offences Relating to Religion-Chapter of Penal Code: defiling of the Quran, Muhammad or other Islamic holy personages is punishable with life imprisonment, death or temporary imprisonment respectively. Anti-Ahmadi laws (1974/1984)
Dr. Jeroen Temperman, Erasmus University Rotterdam
Anti-Ahmadi laws
Any person calling himself Ahmadi or by any other name who by words, either spoken or written, or by visible representation:
a)
b) c)
refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as Ameer-ul-Mumineen, Khalifatul-Mumineen, Khalifa-tul-Muslimeen, Sahaabi or Razi Allah Anho; refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as Ummul-Mumineen; refers to, or addresses, any person, other than a member of the family Ahle-bait of the Holy Prophet Muhammad (peace be upon him), as Ahlebaft; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine ...
An Ahmadi who in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment or a fine.
Dr. Jeroen Temperman, Erasmus University Rotterdam
UN Expert Bodies
(ii)
(iii) seeks to reformulate the right to freedom of religion or belief so as to include a right to have ones religious feelings respected.
in abstracto?
E.g.: .A. v. Turkey: Freedom of expression (publisher) restricted on the basis of existing ground for limitation (right of others to respect for their freedom of thought, conscience and religion); however,
no inquiry whatsoever into the Q as to whether the two rights indeed conflict in this particular case Balancing rights without a legal necessity to do so might actually lead to infringements
It is true that the English law of blasphemy only extends to the Christian faith. The uncontested fact that the law of blasphemy does not treat on an equal footing the different religions practised in the United Kingdom does not detract from the legitimacy of the aim pursued in the present context
Way forward
Further conceptualization of the state duty (art. 20(2) ICCPR) to prohibit religious hate speech; more particularly: To conceptualize the prohibition of religious hate speech as a notion of international law; To identify legal benchmarks and factors that help determine the phenomenon religious hate speech; To identify state obligations emanating from the internationally codified religious hate speech prohibition; To identify and overcome legal or political obstacles to full compliance with the prohibition of religious hate speech.
Article 20(2) International Covenant on Civil and Political Rights Any advocacy ofreligious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Geert Wilders
In 1945, Nazism was defeated in Europe.
In 1989, Communism was defeated in Europe. Now the Islamic ideology has to be defeated. Stop Islamization. Defend our freedom.
(p. 19 Subpoena 13/425046-09, Arrondissementsparket Amsterdam; quote from Fitna)