On a verbal offence against religious feelings – commentary on the European Court of Human Rights’s judgement of 15 September 2022 in Rabczewska v. Poland

In its judgement of 15 September 2022 in the case of Rabczewska v. Poland (App. No. 8257/13), the European Court of Human Rights (ECtHR) held that the conviction of a Polish singer for her statement made during a press interview – “It’s hard to believe in the writings of someone wasted from drinking wine and smoking some weed,” referring to the authors of the Bible – violated Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The findings and conclusions presented by the ECtHR in this case significantly differ from those given by the domestic courts. Despite the shortcomings identified in this study, the ECtHR’s judgement deserves approval. This underscores that adjudication by the domestic courts under Article 196 of the Criminal Code, which penalises insulting religious feelings, cannot be divorced from the Convention’s standards. Moreover, the ECtHR’s judgement in Rabczewska v. Poland requires that domestic courts engage in thorough reflection on the essence of insulting religious feelings in light of the ECtHR’s rulings. Accordingly, a clear standard for ECtHR adjudication in cases involving freedom of expression and the protection of religious feelings is highly desirable. Therefore, the ECtHR should eliminate all deficiencies in argumentation, gaps and substantive errors from its justifications of judgements.

Authors

Institutions

Publication Details

Journal
Studia z Prawa Wyznaniowego
Published
2024-09-23
DOI
https://doi.org/10.31743/spw.17409
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

On a verbal offence against religious feelings – commentary on the European Court of Human Rights’s judgement of 15 September 2022 in Rabczewska v. Poland

Lidia K. Jaskuła
Studia z Prawa Wyznaniowego
European and International Law Studies
article

On a verbal offence against religious feelings – commentary on the European Court of Human Rights’s judgement of 15 September 2022 in Rabczewska v. Poland

Lidia K. Jaskuła
article en

Abstract

In its judgement of 15 September 2022 in the case of Rabczewska v. Poland (App. No. 8257/13), the European Court of Human Rights (ECtHR) held that the conviction of a Polish singer for her statement made during a press interview – “It’s hard to believe in the writings of someone wasted from drinking wine and smoking some weed,” referring to the authors of the Bible – violated Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The findings and conclusions presented by the ECtHR in this case significantly differ from those given by the domestic courts. Despite the shortcomings identified in this study, the ECtHR’s judgement deserves approval. This underscores that adjudication by the domestic courts under Article 196 of the Criminal Code, which penalises insulting religious feelings, cannot be divorced from the Convention’s standards. Moreover, the ECtHR’s judgement in Rabczewska v. Poland requires that domestic courts engage in thorough reflection on the essence of insulting religious feelings in light of the ECtHR’s rulings. Accordingly, a clear standard for ECtHR adjudication in cases involving freedom of expression and the protection of religious feelings is highly desirable. Therefore, the ECtHR should eliminate all deficiencies in argumentation, gaps and substantive errors from its justifications of judgements.

Studia z Prawa Wyznaniowego
John Paul II Catholic University of Lublin (PL)
Openalex Percentile: Top 75%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

On a verbal offence against religious feelings – commentary on the European Court of Human Rights’s judgement of 15 September 2022 in Rabczewska v. Poland — Lidia K. Jaskuła · Studia z Prawa Wyznaniowego (2024) | TGRS Research Map | TGRS