A comparative study of the protection of the fundamental human right of freedom of religion, in the face of freedom of expression

Abstract

When the liberty to express oneself freely is at odds with another’s right to freedom of religion, the predicament of choosing between two equally fundamental rights arises; but which should prevail? Does freedom of religion include the right to have faith and symbols protected from insults? What is the scope of this right, and what are its limits? What does freedom of expression entail, and how can it be restricted legitimately, in a democratic society? After delving into the historical backgrounds of these rights in chapter one, in order to understand how they developed, and what our ancestors surmounted to pave the way for liberty, chapter two holds an in-depth analysis of these two fundamental rights, in attempt to truly understand their scope and limits, as enshrined in international instruments, and case-law. A case study of the more liberal U.S, and the more sensitive Germany, is the subject matter of chapter three, which illustrates the completely divergent methods of regulation employed by these States, in order to combat the clash of these rights. Chapter four examines the offences of proselytism and blasphemy; do they have a place in a democratic society? A national perspective is given in chapter 5, and Maltese laws, stances and cases are examined. The conclusion argues that, although at times the Maltese perspective may be rather traditionalist and archaic, some acts of expression permitted in the U.S seem a little extreme, and so, the desired practice should lie somewhere in between these two. Open debate should be encouraged and not feared, even if considered shocking, in order to promote a spirit of tolerance, mutual understanding and respect.