Manfred Van H. - European Initiatives

European Initiatives

The Parliamentary Assembly of the Council of Europe in Strasbourg adopted on 29 June 2007 Recommendation 1805 (2007) on blasphemy, religious insults and hate speech against persons on grounds of their religion. This Recommendation set a number of guidelines for member states of the Council of Europe in view of Articles 10 (freedom of expression) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The Assembly held that blasphemy should not be a criminal offence.

In place of blasphemy or in addition to blasphemy in some European countries is the crime of "religious insult". A religious insult is forbidden in Andorra, Cyprus, Croatia, the Czech Republic, Denmark, Spain, Finland, Germany, Greece, Iceland, Italy, Lithuania, Norway, the Netherlands, Poland, Portugal, Russian Federation, Slovakia, Switzerland, Turkey and Ukraine.

On 23 October 2008, the Venice Commission, the Council of Europe's advisory body on constitutional matters, issued a report about blasphemy, religious insult, and incitement to religious hatred. The report noted that, in Europe, blasphemy is an offence only in Austria, Denmark, Finland, Greece, Italy, Liechtenstein, the Netherlands, and San Marino. In its conclusions, the report stated "it is neither necessary nor desirable to create an offence of religious insult" and "the offence of blasphemy should be abolished".

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