Blasphemy, Insult and Hatred; Finding Answers in a Democratic Society

Synopsis Mutual understanding and acceptance is perhaps the main challenge of modern society. Diversity is undoubtedly an asset, but cohabiting with people of different backgrounds and ideas calls for a new ethic of responsible intercultural relations, in Europe and in the world. This book tries to answer a series of pertinent and poignant questions arising from these issues, such as whether it is still possible to criticise ideas when this may be considered hurtful to certain religious feelings; whether society is hostage to the excessive sensitivity of certain individuals; or what legal responses there may be to these phenomena, and whether criminal law is the only answer. Contents Foreword I. Report by the Venice Commission The relationship between freedom of expression and freedom of religion: the issue of regulation and prosecution of blasphemy, religious insult and incitement to religious hatred 1. Introduction 2. Applicable international standards 3. National legislation on blasphemy, religious insults and inciting religious hatred 4. General remarks 5. Conclusions II. Council of Europe texts on respect for others' culture and beliefs European Commission against Racism and Intolerance: General Policy Recommendation No. 7 on National legislation to combat racism and racial discrimination (adopted on 13 December 2002) Parliamentary Assembly of the Council of Europe: Resolution 1510 (2006) Freedom of expression and respect for religious beliefs Parliamentary Assembly of the Council of Europe: Recommendation 1 805 (2007) Blasphemy, religious insults and hate speech against persons on grounds of their religion III. Excerpts from reports presented at the international round-table conference on Art and Sacred Beliefs: from Collision to Co-existence 1. Art and Sacred Beliefs: from Collision to Co-existence 2. Art and religious beliefs: the limits of liberalism 3. An ethics of responsibility for artists 4. Art can legitimately offend 5. Whose responsibility? The case of Iran 6. The intersection between freedom of expression and freedom of belief: the position of the United Nations 7. Blasphemy in the Greek Orthodox legal tradition 8. Blasphemy and justice in a Greek Orthodox context 9. Conflicts between fundamental rights: contrasting views on Articles 9 and 10 of the European Convention on Human Rights 10. Reshaping religion and religious criticism in ultramodernity 11. Conclusions IV. Appendices to the Report by the Venice Commission Appendix I: Collection of European national laws on blasphemy, religious insult and incitement to religious hatred Summary table Albania Andorra Armenia Austria Azerbaijan Belgium Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Georgia Germany Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta Moldova Monaco Montenegro The Netherlands Norway Poland Portugal Romania Russian Federation San Marino Serbia Slovakia Slovenia Spain Sweden Switzerland "The former Yugoslav Republic of Macedonia" Turkey Ukraine United Kingdom Appendix II: Analysis of domestic laws on blasphemy, religious insult and inciting religious hatred, on the basis of replies to a questionnaire Questionnaire Albania Austria Belgium Denmark France Greece Ireland The Netherlands Poland Romania Turkey United Kingdom