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.

Begins with the church–state relationship, noting the beginnings of laïcité in the French Revolution, as proclaimed in Article 10 of the Declaration of the Rights of Man and of the Citizen 1789 and its continuing significance as embedded in Article 1 of the French Constitution and in the loi du 9 Decembre 1905. Considers current government policy towards religion, the modern interpretation of laïcité and its relevance to multiculturalism and diversity. Examines the fundamental freedoms: the rights to freedom of religion, to freedom of association/assembly and the freedom of expression. Examines concepts such as “religion” and “belief”. Focuses on how the fundamental rights impact upon the church–state relationship; the means whereby religion and the state are legally protected from each other; and considers the law relating to the manifesting of religion and beliefs. Examines the equality case law, then the case law dealing with the church–state relationship and areas of everyday life including education, employment, healthcare and retail services. It concludes with a section that addresses security from terrorism and from the destabilising effects of mass migration.