Freedom to Discuss Religion Between Facts and Opinions - The Role of the ECtHR Case Law in a Current Prosecution Case in Turkey

Abstract

In a recent televised discussion in Turkey, two Youtube-influencers have discussed Sharia law and Muhammad’s marriage with Aisha. This has caused strong reactions on social media. Moreover, after a public statement of the Justice Minister, a criminal investigation has been initiated. I argue that such statements should enjoy the full protection of freedom of expression. However, I criticise the distinction between “statements of fact and value judgements” as introduced by the ECtHR in case E.S. v Austria.

Keywords

• E.S. Case
• ECtHR
• Europäischer Gerichtshof für Menschenrechte | Straßburg
• Freedom of speeech
• Religious feelings
• Turkey