WOLNOŚĆ WYRAŻANIA POGLĄDÓW A WOLNOŚĆ SUMIENIA I RELIGII. KILKA REFLEKSJI O PROBLEMATYCE OBRAZY UCZUĆ RELIGIJNYCH W ŚWIETLE WYBRANEGO ORZECZNICTWA TRYBUNAŁU KONSTYTUCYJNEGO I ETPCZ
FREEDOM OF EXPRESSION AND FREEDOM OF CONSCIENCE AND RELIGION. A FEW INSIGHTS ON THE ISSUE OF OFFENDING RELIGIOUS FEELINGS IN THE LIGHT OF THE JURISPRUDENCE OF THE CONSTITUTIONAL TRIBUNAL AND THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: The right to freedom of speech is universally acknowledged in both international and domestic legislation. Nevertheless, the exercise of this right is subject to limitations, both as prescribed by the law and as necessitated in a democratic state governed by the rule of law. This paper explores divergences evident in the case law of the Polish Constitutional Tribunal and the decisions of the European Court of Human Rights (ECHR). The author poses a crucial question: where does the boundary lie between the freedom to express views on religion, even those of a critical or humorous nature, and the imperative to protect the religious sentiments of believers who might find such expressions offensive? The primary aim of this article is to delve into and provide insights into the prioritization of two fundamental freedoms: freedom of speech and freedom of religion. The author addresses this complex issue by employing both a textual method of research and a comparative approach, scrutinizing decisions from both national and international courts.

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