Within the European Convention system, judgments have supported legal restrictions on hate speech, but also on blasphemy or religious defamation. The universal human rights instruments, particularly the ICCPR, are increasingly geared towards eradicating hate speech (speech that threatens the rights and freedoms of others), whilst forms of extreme speech that fall short of that category are to be protected rather than countered by states. The Human Rights Committee’s recently adopted General Comment (No. 34) on freedom of expression, provides another strong indication that this is the envisaged way forward: repealing blasphemy and defamation bills, whilst simultaneously increasing the efforts to combat hate speech. This paper argues that it remains ever so important to continue taking stock of the legal justifications for restrictions that are suggested in this area and to scrutinize whether they are in fact sustainable from a human rights perspective — not only on paper, but also in actual practice. The paper compares and contrasts the universal monitoring bodies’ approach to extreme speech with that of regional monitoring bodies, notably the European Court of Human Rights.
Ричардсон Социальное конструирование правового плюрализма
This article focuses on historical conditions and sociological variables that contribute to or impede the development of religious freedom. One major set of variables focuses on characteristics of legal and judicial systems. Another set evaluates the characteristics and history of a society, including a society’s cultural values, and how those values are implemented in the regulation of religion. A further set of considerations flows directly from the work of Donald Black in the sociology of law, and includes important variables such as status, intimacy, and third-party partisanship, as well as evidentiary processes and production. Finally, the work of William Chambliss has identified the dialectic processes of law development as useful in allowing us to understand how legal structures protective of religious freedom might be produced.
Религиозная свобода и дебаты по поводу обрезания в Германии
In May 2012, a German court in Cologne ruled that circumcising young boys represents grievous bodily harm. This decision, which touched upon the questions of freedom of religious practice, identity and children’s rights, was condemned by Jewish and Muslim representatives in Germany, but it was also widely and controversially debated by civil society and politicians. The German Parliament recently passed legislation protecting circumcision as a religious practice, but the debate is likely to continue. In this paper, Marianne Heimbach-Steins, director of the department of Christian Social Ethics at the University of Münster (Germany), discuss this case and its implications for the definition of religious freedom.
Дело «Пусси райот» и особенности российского постсекуляризма
This article is devoted to the analysis of the materials of the «Pussy Riot» case, which started after the scandalous punk-prayer of the musical group in the Cathedral of Christ the Savior of the Russian Orthodox Church in Moscow (Feb. 2012). These materials are used to illustrate the peculiarities of postsecular situation in Russia. Two issues are analyzed with special precision: 1) «punk-prayer» and the religious / secular boundary; 2) «punk-prayer» and postsecular hybrids. The author emphasizes that postsecular processes do not follow one single pattern and that we can’t talk about postsecularism in singularity; instead we should talk about collisions between different normative models of postsecularism, each supported by it’s own actors and activists. The materials of the case allow us to single out two such models: «official» (supported by state and Church powers) and «oppositional» (supported by political and Church opposition).
Противодействие «религиозному экстремизму»: российское государство в поисках ответов на вызовы десекуляризации
The article is devoted to the analysis of how Russian anti-extremism legislation is enforced with regard to religion-related actions and speech. The author aspires to identify key law enforcement patterns in this area. The article opens with a concise analysis of emergence of the «religious extremism» concept. It elaborates in detail on the working mechanisms of the anti-extremism legislation and argues that this legislation does not provide effective control (and the sphere of religion is not an exception in this regard). The author examines the motivation of leading anti-extremism actors and their contribution to the process of law-enforcement. The combination of religious and secular motives in law-enforcement not only results in arbitrariness but also fails to improve public security.
От невежества к мнимому экстремизму: проблемы религиоведческой экспертизы в России
The problem of religious expertise in the questions concerning the supposed extremism of some materials is very topical in today’s Russia. Despite the fact that this type of expertise is gaining more and more importance, religious expertise is still lacking theoretical foundations and till nowadays remains beyond the scope of scientific research. Still unexplored are the questions of conditions and special methods of such expertise, the subject of expertise, the status of expert during expertise, the limits of application of special knowledge and so on.
Право и религия вне национальных границ: положительное значение Европейского суда по правам человека
The paper observes the long evolution of the European Court in Strasbourg since the late 1980‑s up to early 2010‑s, examining, in particular, the logic of court ruling on religion-related conflicts and the protection of religious freedoms. The author shows that the main problems in this field were, among others, the management of the rights of majorities (sometimes, the state churches) and minorities (and individuals); the correlation of European norms and principles, based on the Convention of human rights, and the different national legal systems, reflecting on special aspects of national and cultural identities. Drawing upon analysis of a few key cases in the Court, the author reveals major trends in the Court’s approach to religion-related conflicts.
Допустимый уровень «безнравственности»: европейское право и традиционные ценности
This article deals with the cases in ECHR, concerning suits appealing to the article 10 of the European Convention for Human Rights (freedom of expression). The author pays special attention to claims protesting against state intervention powered by the desire to protect morality as well as against sanctions for blasphemy. One can find analysis of law enforcement practice of ECHR and fluctuations of Court’s strategy (as an example author analyses «the Lautsi case»). Author concludes that the policy of the Court could be characterized as transitional, but the direction of this transition is still unclear. The Court faces two possible alternatives: either the freedom of speech will be defended in all its fullness, or will the margins of appreciation of national powers prevail; in the latter case, the national forces will control ideological, cultural and informational square under pretext of defending religion and morality.
«Дело о распятиях» в Европейском суде — в постсекулярной перспективе
This article is devoted to the analysis of the case about the presence of crucifixions in public schools («Lautsi and others v. Italy») in European court for human rights (and the prehistory of this case). The author concentrates on the logic of participants of this case and analyses this logic in a broad cultural and ideological context. On the base of the ECHR decisions for the «Lautsi case» three positions and three corresponding groups of actors are outlined: strict secularists, representing projective ideology; soft secularists, orienting on culture and representing reactive ideology; and the followers of religious ideology. This last group in current postsecular situation, characterized by new ideological struggles, tend to form alliance with the second group. The postsecular reading of this case allows author to certify the crisis of traditional European secularism and of the sense of justice in the sphere of interaction between religion and society.
Между «пределами усмотрения» и нейтралитетом: дело «Лаутси» и новый баланс в сфере европейской защиты свободы вероисповедания
The paper deals with the famous case Lautsi v. Italy at the European Court of Human Rights, on crucifixes in the public schools, with two opposite Court rulings in 2009 and 2011. While analyzing the logic of both rulings, the author explores two interacting concepts: „margin of appreciation“ and «neutrality». He believes, at the first ruling of 2009 the Court practice of margin of appreciation was ignored, and the principle of neutrality was imposed; while the second ruling, trying to introduce correction in this sense, made other mistakes by drawing upon disputable factual and normative argumentation. The case of crucifix thus reveals tensions between national legal systems and the conventional and European Law. Overall, today, cases about religious symbols in the public square serve as a medium for the European community to reflect upon its identity and the role of religion in this identity.
«Россия ни в чем не обязана ориентироваться на Европейский суд по правам человека»
Answering the questions by the Editors of the journal, the official representative of the Russian Orthodox Church shared his views upon a number of issues. He believes the state must react through legislation to protect „religious feelings“ against intentional offences. He also believes that the freedom of expression should be limited, especially in cases of mass rallies and public events. He makes the point that Russia is not obliged to follow the rulings of the European Court of Human Rights. Silantiev calls to hardening of the 1997 Law of religious freedom, especially against those religious associations that tend to create conditions for extremism and terrorism, and that the state has a legitimate right to make a preference toward those religions that are the long established and reliable partners.
Личность ученого в российской социоло- гии религии. Памяти Юлии Синелиной
The article is devoted to the main components of scientific activity of Russian sociologist Yulia Yurievna Sinelina (1972–2013). She was a well-known researcher of secularization in Russia, particularly the problems of interaction between modern society and religion. Her special attention was devoted to the application of theoretical and methodological investigations in sociology of religion to the religious situation in Russia.
Рецензии: Fagan G. Believing in Russia — Religious Policy after Communism. London & New York: Routledge, 2013. — 304 p. Работы о России
Рецензии: Religious Diversity in Post-Soviet Society. Ethnographies of Catholic Hegemony and the New Pluralism in Lithuania / Eds. Milda Ališauskienè, Ingo Schröder. Farnham, Burlington: Ashgate, 2012. — 212 p.