On Thin Ice: Striking a Balance Between Freedom of Expression and Freedom of Religion in Europe
On Thin Ice: Striking a Balance Between Freedom of Expression and Freedom of Religion in Europe

Author(s): Ioannis Karkalis
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Politics and religion, EU-Legislation, Court case
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Freedom of expression; Freedom of religion;
Summary/Abstract: The Strasbourg Court in dire straits confronted with the dilemma of choosing between two equally protected freedoms in Europe: freedom of expression and freedom of religion. They’re both values of major importance for the European -and not only- civilization that cohabit and at the same time collide within the periphery of a difficult coexistence. More often than not, expressing oneself freely hurts religious conscience; the latter, if protected in an absolute manner, by definition neutralizes -or even annihilates- free expression of thoughts and ideas. The contours of both freedoms are obscure. No surprise there; time and again, the ECtHR has been trying to settle the boundaries capitalizing on a baby step, case-by-case approach. In the European mosaic of civilizations, religions and cultures, such a work is not only demanding and arduous; it is also complex and multifactorial. At the end of the day, it as well integrates policy concerns, tightly attached to a European unity-in-diversity safety net promoting cohesion. This presentation argues that the Strasbourg Court’s case-law on free expression and protection of religion, in his attempt to dodge a bullet and fill existent legal gaps, interestingly incorporates in the interpretation of the ECHR extra-legal factors that lie outside the realm of legal reasoning and that such an approach can be traced in its pivotal case-law.

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