CEU Electronic Theses and Dissertations, 2016
| Author | Datar, Darshan |
|---|---|
| Title | Offending International Law: A Comparative Study of Blasphemy Laws in International Law, the European Court of Human Rights & India |
| Summary | This thesis will ask the question of whether blasphemy and religious insult laws are legitimate. In doing so this paper will analyze an intellectual puzzle which has an impact on nearly every human rights regime. The question it will seek to give answers to is: whether mere offense can be a grounds to abrogate speech when an individual’s religion is concerned. In answering this question in the negative, this paper will investigate when there is a legitimate reason to abrogate speech when it conflict with religious sentiments. The answer this paper will seek to defend is that the only situation in which there is actual harm to dignity and I will demonstrate how this is a high standard. Using this standard, I will aim to demonstrate how the Indian Supreme Court and The European Court of Human Rights betray the right to free speech and expression by allowing for it to be abrogated on the grounds that speech and expression merely offends another person. I will use jurisprudence from International Law and the Theory developed in this paper to subject both jurisdictions to a rigorous critique. |
| Supervisor | Parmar, Sejal |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/datar_darshan.pdf |
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