The OSCE considers freedom of expression a fundamental human right. This freedom may only be limited in order to safeguard other basic rights, such as human dignity, for a very good reason: freedom of expression is the foundation for other human rights, especially freedom of religion, freedom of the press, freedom of assembly as well as academic freedom. Without the freedom to voice opinions publicly and freely receive information, all other freedoms would not exist. The side event addressed the constitutional implementation of freedom of expression in the OSCE region. The primary focus will be on the treatment of freedom of expression as a negative and individual right, which with respect to the “Universal Declaration of Human Rights” (UNDHR) can only be granted to humans. Competing concepts of group rights as well as hate speech and blasphemy laws will be considered in light of the UNDHR and individual rights.

1. FREEDOM OF
EXPRESSION
IS A
HUMAN RIGHT

2. Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold
opinions without interference and to seek, receive
and impart information and ideas through any
media and regardless of frontiers.”
– Article 19, Universal Declaration
of Human Rights
“

4. Freedom of expression is a fundamental human
right and a basic component of a democratic
society.”
– OSCE Commitment, Budapest 1994
(similar: Vienna 1989, Copenhagen 1990, Istanbul 1999)
“

5. Freedom of expression explicitly comprises
information or ideas that “offend, shock or disturb
the State or any sector of the population.”
– European Court of Human Rights 1997
“

6. The European Parliament, […] is aware of the use
of defamation, blasphemy and libel laws, as well as
legislation referring to ‘the degrading of the
country’s image abroad’ […] in order to imprison
or censor journalists and block free expression”.
– European Parliament
resolution of 13 June 2013
“

7. The EU should […] firmly oppose any attempt to
criminalise freedom of speech in relation to
religious issues, such as blasphemy laws”.
– European Parliament
recommendation to the Council of 13 June 2013
“

8. Limitations to freedom of
expression:
other human/basic rights, i.e.,
human dignity and physical
integrity the “dignity” of a
god, prophet or religion can’t
be a legally protected right

9. Principle of the
separation of power:
an independent court has
to judge  but in no way
politics

10. Restrictions […] have to be understood as
exceptions to the general rule that individual
freedom must be respected.”
– OSCE Human Dimension
Commitments Handbook
“

12. Everyone shall have the right to express his opinion freely in
such manner as would not be contrary to the principles of the
Shari'ah. Everyone shall have the right to advocate what is
right, and propagate what is good, and warn against what is
wrong and evil according to the norms of Islamic Shari'ah.
Information […] may not be exploited or misused in such a
way as may violate sanctities and the dignity of Prophets, […]
corrupt or harm society or weaken its faith.”
– The Cairo Declaration on Human Rights
in Islam (Art. 22)
“

13. So what?
1) UN-Bodies, e.g., Committee on the Elimination of Racial
Discrimination (CERD)
2) Resolution 16/18 or Rabat Plan of Action  leads to
custom law  forces states to change their laws

14. Bavarian State Office for Constitutional Protection
and other German authorities
Fatal conceptual blending of “Islamophobia,” “hostility
toward Islam,” “hostility toward Muslims” or “anti-Muslim
racism.”

15. You can say that Muhammad married a six-year-old girl and
consummated the marriage when she was nine. Calling this
‘pedophilia’ constitutes an excessive value judgment.”
– Court ruling December 2011,
case against Elisabeth Sabaditsch-Wolff
“

16. Thank you for your attention!
www.stresemann-foundation.org
www.paxeuropa.de