This case concerns the criminal conviction of an Austrian national because of a number of comments she made about Muhammad during some seminars she held under the title “Basic Information on Islam”. In one of those seminars she referred to Muhammad’s marriage with Aisha, one of his wives, implying that the fact that the marriage was conducted when Aisha was six years old and consummated when she was nine, whilst Muhammad was fifty-six and fifty-nine years old respectively, could be considered as paedophilia. An undercover journalist attended the seminar and notified the national authorities, which brought criminal charges against the applicant. The latter was subsequently convicted for “disparaging religious doctrines”.
The Court’s ruling
There are three main themes that Austrian courts used in their reasoning and which the ECtHR endorsed: first, regarding the accuracy of the allegation; second, regarding whether E.S.’s intention was to promote debate on the matter; and…
View original post 1,546 more words