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Resolution 1510 (2006)
Freedom of expression and respect for religious beliefs
1. The Parliamentary Assembly of the
Council of Europe reaffirms that there cannot be a democratic society
without the fundamental right to freedom of expression. The progress
of society and the development of every individual depend on the
possibility of receiving and imparting information and ideas. This
freedom is not only applicable to expressions that are favourably
received or regarded as inoffensive but also to those that may shock,
offend or disturb the state or any sector of the population, in
accordance with Article 10 of the European Convention on Human Rights
(ETS No. 5).
2. Freedom of thought, conscience and religion constitutes a
necessary requirement for a democratic society and one of the essential
freedoms of individuals for determining their perception of human
life and society. Conscience and religion are basic components of
human culture. In this sense, they are protected under Article 9
of the European Convention on Human Rights.
3. Freedom of thought and freedom of expression in a democratic
society must, however, permit open debate on matters relating to
religion and beliefs. The Assembly recalls in this regard its Recommendation 1396 (1999) on
religion and democracy. Modern democratic societies are made up
of individuals of different creeds and beliefs. Attacks on individuals
on grounds of their religion or race cannot be permitted but blasphemy
laws should not be used to curtail freedom of expression and thought.
4. The Assembly emphasises the cultural and religious diversity
of its member states. Christians, Muslims, Jews and members of many
other religions, as well as those without any religion, are at home
in Europe. Religions have contributed to the spiritual and moral
values, ideals and principles which form the common heritage of
Europe. In this respect, the Assembly stresses Article 1 of the
Statute of the Council of Europe (ETS No. 1), which stipulates that
the aim of the Council of Europe is to achieve greater unity between
its members for the purpose of safeguarding and realising the ideals
and principles which are their common heritage.
5. The Assembly underlines its commitment to ensuring that cultural
diversity becomes a source of mutual enrichment, not of tension,
through a true and open dialogue among cultures on the basis of
mutual understanding and respect. The overall aim should be to preserve
diversity in open and inclusive societies based on human rights,
democracy and the rule of law, by fostering communication and improving
the skills and knowledge necessary for living together peacefully
and constructively within European societies, between European countries
and between Europe and its neighbouring regions.
6. Reactions to images perceived as negative, transmitted through
books, films, cartoons, paintings and the Internet, have recently
caused widespread debates about whether – and to what extent – respect
for religious beliefs should limit freedom of expression. Questions
have also been raised on the issues of media responsibility, self-regulation
and self-censorship.
7. Blasphemy has a long history. The Assembly recalls that laws
punishing blasphemy and criticism of religious practices and dogmas
have often had a negative impact on scientific and social progress.
The situation started changing with the Enlightenment, and progressed
further towards secularisation. Modern democratic societies tend
to be secular and more concerned with individual freedoms. The recent
debate about the Danish cartoons raised the question of these two
perceptions.
8. In a democratic society, religious communities are allowed
to defend themselves against criticism or ridicule in accordance
with human rights legislation and norms. States should support information
and education about religion so as to develop better awareness of
religions as well as a critical mind in its citizens in accordance
with Assembly Recommendation
1720 (2005) on education and religion. States should
also develop and vigorously implement sound strategies including
adequate legislative and judicial measures to combat religious discrimination
and intolerance.
9. The Assembly also recalls that the culture of critical dispute
and artistic freedom has a long tradition in Europe and is considered
as positive and even necessary for individual and social progress.
Only totalitarian systems of power fear them. Critical dispute,
satire, humour and artistic expression should, therefore, enjoy
a wider degree of freedom of expression and recourse to exaggeration
should not be seen as provocation.
10. Human rights and fundamental freedoms are universally recognised,
in particular under the Universal Declaration of Human Rights and
international covenants of the United Nations. The application of
these rights is not, however, universally coherent. The Assembly
should fight against any lowering of these standards. The Assembly
welcomes the United Nations Secretary-General's initiative on an
alliance of civilisations which aims to mobilise concerted action
at the institutional and civil society levels to overcome prejudice,
misperceptions and polarisation. A true dialogue can only occur
when there is genuine respect for and understanding of other cultures
and societies. Values such as respect for human rights, democracy,
rule of law and accountability are the product of mankind’s collective
wisdom, conscience and progress. The task is to identify the roots
of these values within different cultures.
11. Whenever it is necessary to balance human rights which are
in conflict with each other in a particular case, national courts
and national legislators have a margin of appreciation. In this
regard, the European Court of Human Rights has held that, whereas
there is little scope for restrictions on political speech or on
the debate of questions of public interest, a wider margin of appreciation
is generally available when regulating freedom of expression in
relation to matters liable to offend intimate personal moral convictions
or religion. What is likely to cause substantial offence to persons
of a particular religious persuasion will vary significantly from
time to time and from place to place.
12. The Assembly is of the opinion that freedom of expression
as protected under Article 10 of the European Convention on Human
Rights should not be further restricted to meet increasing sensitivities
of certain religious groups. At the same time, the Assembly emphasises
that hate speech against any religious group is not compatible with
the fundamental rights and freedoms guaranteed by the European Convention
on Human Rights and the case law of the European Court of Human
Rights.
13. The Assembly calls on parliaments in member states to hold
debates on freedom of expression and respect for religious beliefs,
and on parliamentarians to report back to the Assembly on the results
of these debates.
14. The Assembly encourages religious communities in Europe to
discuss freedom of expression and respect for religious beliefs
within their own community and to pursue a dialogue with other religious communities
in order to develop a common understanding and a code of conduct
for religious tolerance which is necessary in a democratic society.
15. The Assembly also invites media professionals and their professional
organisations to discuss media ethics with regard to religious beliefs
and sensitivities. It encourages the creation of press complaints
bodies, media ombudspersons or other self-regulatory bodies, where
such bodies do not yet exist, which should discuss possible remedies
for offences to religious persuasions.
16. The Assembly encourages intercultural and interreligious dialogue
based on universal human rights, involving – on the basis of equality
and mutual respect – civil society, as well as the media, with a
view to promoting tolerance, trust and mutual understanding, which
are vital for building coherent societies and strengthening international
peace and security.
17. The Assembly encourages the Council of Europe bodies to work
actively on the prevention of hate speech directed to different
religious and ethnic groups.
18. The Assembly resolves to revert to this issue on the basis
of a report on legislation relating to blasphemy, religious insults
and hate speech against persons on grounds of their religion, after
taking stock of the different approaches in Europe, including the
application of the European Convention on Human Rights, the reports
and recommendations of the European Commission against Racism and
Intolerance (ECRI) and of the European Commission for Democracy
through Law (Venice Commission) and the reports of the Council of
Europe Commissioner for Human Rights.