E.S v. Austria was a case held before the European Court of Human Rights (ECtHR) case where the court upheld a domestic court's fine on an Austrian woman who had called Mohammed a pedophile. The applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna. In September 2022, the subsequent ECtHR case overturned E.S. v Austria, and ruled that Polish courts in a similar case concerning Catholicism "failed to identify and carefully weigh the competing interests at stake" and overturned a 2012 conviction for blasphemy. The court declared
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| - E.S. v. Austria (2018) (en)
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| - E.S v. Austria was a case held before the European Court of Human Rights (ECtHR) case where the court upheld a domestic court's fine on an Austrian woman who had called Mohammed a pedophile. The applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna. In September 2022, the subsequent ECtHR case overturned E.S. v Austria, and ruled that Polish courts in a similar case concerning Catholicism "failed to identify and carefully weigh the competing interests at stake" and overturned a 2012 conviction for blasphemy. The court declared (en)
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| - Freedom of expression (en)
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| - E.S v. Austria was a case held before the European Court of Human Rights (ECtHR) case where the court upheld a domestic court's fine on an Austrian woman who had called Mohammed a pedophile. The applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna. In October and November 2009, Mrs S. held two seminars entitled “Basic Information on Islam”, in which she discussed the marriage between the Islamic prophet Muhammad and a six-year old girl, Aisha, which was consummated when she was nine. Inter alia, the applicant stated that Muhammad “liked to do it with children” and “… A 56-year-old and a six-year-old? … What do we call it, if it is not paedophilia?”. On 15 February 2011, the Vienna Regional Criminal Court found that these statements implied that Muhammad had had paedophilic tendencies, and convicted Mrs S. for disparaging religious doctrines. She was ordered to pay a fine of 480 euros and the costs of the proceedings. Mrs S. appealed but the Vienna Court of Appeal upheld the decision in December 2011, confirming in essence the lower court’s findings. In September 2022, the subsequent ECtHR case overturned E.S. v Austria, and ruled that Polish courts in a similar case concerning Catholicism "failed to identify and carefully weigh the competing interests at stake" and overturned a 2012 conviction for blasphemy. The court declared The time has come to reassess this case-law. Which new direction should be taken? One new approach could be to examine all blasphemy-related restrictions on freedom of expression under Article 10 exclusively in terms of the legitimate aim of protecting public order (religious peace). We consider that the following paragraph (no. 15) of PACE Recommendation 1805 (2007) is potentially very important for any such new direction: “national law should only penalise expressions concerning religious matters which intentionally and severely disturb public order and call for public violence” (see paragraph 29 of the judgment). (en)
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