European Court: Insulting Religion and Religious Figures Is Not Part of Freedom Expression

Jakarta, MINA – Deputy Chairman of the People’s Consultative Assembly (MPR) of the Republic of Indonesia Dr. H. M Hidayat Nur Wahid (HNW), MA, said the European Court of Human Rights on October 25 2018 stated that insulting religions and religious figures is not part of freedom of speech and expression.

He criticized the attitude of French President Emmanuel Macron for allowing the blasphemy against the Prophet Muhammad SAW to take place in France and condemned any violence that arose as a result.

Hidayat assessed that President Macron’s reasons of cartoons that insulted the Prophet Muhammad as a form of freedom of expression is not correct, said the statement received by MINA on Friday.

According to him, Macron should prioritize the public by following the decision of the European Human Rights Court, on October 25, 2018, which stipulates that blasphemy of religion and religious figures is not a form of freedom of speech and expression.

Also Read: Macron Issues Republican Values Charter for Muslim Leaders

The decision of the human rights court was issued in connection with the case of Mrs. E.S. who was convicted by a court in Austria for repeatedly insulting the Prophet Muhammad with her mention of pedophilia.

The case was later brought to the European Court of Human Rights, but her application was rejected by the European Court of Human Rights with the assertion that defamation of the Prophet Muhamamd SAW was not part of freedom of expression.

“In its decision, the European Court of Human Rights stated that the Prophet Muhammad was a pedophile, a statement that had exceeded the permitted limits of freedom of expression,” Hidayat said in a written statement in Jakarta.

Also Read: Turkey Condemns Israeli Court’s Decision Allowing Silent Jewish Prayer at Al-Aqsa Mosque

President Macron, said Hidayat, needs to refer to the Soile Lautsi case vs the Italian judiciary. In that case, Mrs Lautsi objected to the existence of a crucifix (a Catholic crucifix) being installed in public schools in Italy. This request was later rejected by the European Court of Human Rights because the cross was not only a religious symbol but also a cultural heritage of western Italy.

Based on the decisions of the European Court of Human Rights in these cases, there should not be a debate between the relationship between freedom of expression and defamation of religions or religious leaders.

Respecting Religion or Religious Leaders from each party will in fact be a correction to radicalism and extremism and will bring tolerance in a plural society.

Also Read: Macron Emphasizes that France to Not Compromise on the Abaya Ban in Schools

As a rule of law, Macron should respect and adopt policies in accordance with the decisions of the European Court of Human Rights.

“Moreover, the European Court of Human Rights is located in Strasbourg, a city in France. If Macron implements the provisions of the European Court of Human Rights, applies fairly and consistently, then he has clearly strengthened harmony between citizens and between religious communities in France which can have a global impact. So that there will be no negative reactions from individuals and the Muslim community. So that the French Foreign Ministry also doesn’t need to feel sorry for it, asking for no boycott of French products, “he said. (T/RE1)

Mi’raj News Agency (MINA)