7 - Blasphemous Paintings, Cartoons and Other Religiously Offensive Art

Summary

This chapter explores the existence and persistence of religious offences in the case of artistic expressions that are considered to be blasphemous, offensive, defamatory, irreverent and otherwise transgressive. Drawing on the jurisprudence of human rights bodies, it examines the international legal framework applicable to blasphemous arts and the human rights principles pertinent to controversies over creative freedom involving incitement to religious hatred. Moreover, drawing on the jurisprudence of the UN Human Rights Committee, the UN Committee on Elimination of Racial Discrimination and the European Court of Human Rights, it discusses the application of general principles of human rights law (such as the element of intention to stir religious hatred, or the impact of particular expression on religious minorities) on artists and artworks. Last but not least, the chapter discusses the international politics of blasphemy drawing on controversies of global scale such as Danish cartoons and Charlie Hebdo, and incidents related to the rise of Islamic extremism. In this respect the author emphasizes the need to avoid undermining the value of free speech in the human rights edifice, while also emphasizing the need for a better, cross-cultural understanding of both religious and artistic traditions.