CEU Electronic Theses and Dissertations, 2013
| Author | Kuznetsov, Dmitry Alexandrovich |
|---|---|
| Title | Comparative Analysis of Mutual Limitations under Freedom of Religion and Freedom of Expression |
| Summary | In the last decade ethnic and religious contradictions became a matter of growing concern and the issue of preserving the balance between the rights and interests of different groups of people comes to the forefront. Freedom of expression is a right without which realisation of other rights is hard to achieve as this right is the basis for political rights, and for the freedom of creation. The freedom of religion also is a fundamental right, the fight for which has a long and controversial history. There are many examples when freedom of expression is in opposition to freedom of religion. Two recent cases, the cartoons in the Danish newspaper and the recent parody of the Prophet Mohammed show the importance of this issue. However the notion of manifestation of religious beliefs, which in the paper is considered primary as a part of freedom of expression, is also very problematic. The paper considers models of coexistence of both freedoms adopted in three national jurisdictions: France, Turkey, and the Russian Federation. The analysis is given from the point of view of international law and from the European Court of Human Rights perspective. The first chapter considers general approaches towards balancing of fundamental rights, including approaches of the Human Rights Committee and the European Court. The second chapter discovers national regulation and specific problematic cases in France, Turkey, and the Russian Federation. The third chapter analyses the ECHR case law against these three states. |
| Supervisor | Blankenagel Alexander |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2013/kuznetsov_dmitry.pdf |
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