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October 26th, 2018 - Boris Lvin — LiveJournal

October 26th, 2018

October 26th, 2018
11:08 am

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Об прогресс европейской цивилизации
А вот и европейский суд, так сказать, по правам человека официально признал, что говорить обидные слова о пророке Мохаммаде - это уголовное преступление. Потому что "оскорбительные атаки на Пророка Ислама" - это за пределами "допустимых пределов объективных обсуждений":

The Court, in conclusion, finds that in the instant case the domestic courts comprehensively assessed the wider context of the applicant’s statements, and carefully balanced her right to freedom of expression with the rights of others to have their religious feelings protected, and to have religious peace preserved in Austrian society. They discussed the permissible limits of criticism of religious doctrines versus their disparagement, and found that the applicant’s statements had been likely to arouse justified indignation in Muslims. In addition, the Court considers that the impugned statements were not phrased in a neutral manner aimed at being an objective contribution to a public debate concerning child marriages (contrast Aydın Tatlav and Giniewski, both cited above), but amounted to a generalisation without factual basis. Thus, by considering them as going beyond the permissible limits of an objective debate and classifying them as an abusive attack on the Prophet of Islam, which was capable of stirring up prejudice and putting at risk religious peace, the domestic courts came to the conclusion that the facts at issue contained elements of incitement to religious intolerance. The Court accepts that they thereby put forward relevant and sufficient reasons and finds that the interference with the applicant’s rights under Article 10 indeed corresponded to a pressing social need and was proportionate to the legitimate aim pursued.

https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-187188%22]}

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