https://www.gatestoneinstitute.org/13301/european-court-human-rights-islam
The ruling of the European Court of Human Rights (ECHR) is not only wrong for establishing a precedent for sharia-compliant adherence to Islamic blasphemy laws, but appears to be based on a number of false premises.
The real message the ECHR sent, as it succumbed to fears of “disturbing the religious peace,” is that if threats work, keep threatening! What sort of protection of human rights is that?
Just who is it, by the way, that gets to decide what is “incriminating”? Formerly, it was the Inquisition.
Islamic blasphemy laws have now been elevated to the law of the land in Europe.
The European Court of Human Rights ruled on October 25 that to state that the Islamic prophet 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?” goes “beyond the permissible limits of an objective debate,” and could be classified as “an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace.”
The Court’s judgment has a long history.
In 2011, free speech and anti-jihad activist, Elisabeth Sabaditsch-Wolff, was convicted by an Austrian court of “denigrating religious symbols of a recognized religious group” after she gave a series of small seminars: “Introduction to the basics of Islam”, “The Islamization of Europe”, and “The impact of Islam”.[1]
No Muslims appear to have attended Sabaditsch-Wolff’s seminars. The court case against her came about only because a magazine, NEWS, filed a complaint against her after secretly planting a journalist at her seminars to record them.
Wolff was convicted of having said 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 February 15, 2011, the Vienna Regional Criminal Court — according to the summary in the judgment of the European Court of Human Rights (ECHR) — found that “these statements implied that Muhammad had had paedophilic tendencies”, and convicted Sabaditsch-Wolff “for disparaging religious doctrines” under §188 of the Austrian penal code, which states:
“Anyone publicly denigrating or mocking any person or thing that is the object of worship of a domestically existing church or religious society… among whom his conduct is liable to cause legitimate annoyance, is punishable by imprisonment of up to six months or a fine of up to 360 daily rates”.
Sabaditsch-Wolff was ordered to pay a fine of 480 euros and the costs of the proceedings. The Vienna Court of Appeal upheld the decision in December 2011. Sabaditsch-Wolff then appealed the Austrian court decisions to the European Court of Human Rights. She stated that her right to freedom of expression, safeguarded in Article 10 of the European Convention on Human Rights, had been violated.
On October 25, the ECHR reached the conclusion that there had been “no violation of Article 10 (freedom of expression) of the European Convention on Human Rights”.
In its ruling, the ECHR stated:
“The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria. It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons.”
The ECHR’s ruling is not only wrong for establishing a precedent for sharia-compliant adherence to Islamic blasphemy laws, but appears to be based on a number of false premises.