European Court of Human Rights : Fouad Belkacem v. Belgium

摘要

Presentation of ECtHR decision in which it confirmed that defending Sharia while calling for violence to establish it could be regarded as “hate speech”. The Court held that, in accordance with Article 17 (prohibition of abuse of rights) of the European Convention on Human Rights (ECHR), the discourse at issue could not claim the protection of Article 10 ECHR, guaranteeing the right to freedom of expression.The ECtHR also observes that the Belgian legislation as applied in the present case appeared to be in conformity with the relevant provisions and recommendations of the Council of Europe and the European Union aimed at combating incitement to hatred, discrimination and violence. The Court finds that Mr Belkacem had attempted to deflect Article 10 of the Convention from its real purpose by using his right to freedom of expression for ends which were manifestly contrary to the spirit of the Convention.