Freedom of expression and freedom of conscience and religion. A few insights on the issue of offending religious feelings in the light of the jurisprudence of the Constitutional Tribunal and the European Court of Human Rights

Abstract

In international human rights law as well as in domestic law everyone has the right to freedom of expression, and the exercise of this right carries special duties and responsibilities, and may therefore be subject to certain restrictions, but only those provided by law and necessary in a democratic State. In the democratic State, which serves the purpose of the common good of all citizens, public debate, in which everyone is guaranteed freedom of expression also in the religious sphere, should take place in a civilised and cultural manner, without any detriment to human and civil rights and freedoms. In this study, based on the judgments of the Constitutional Tribunal and the European Court of Human Rights, the question is asked about the boundaries between the freedom of expression and the freedom of religion and protected religious feelings.