The Limits of Artistic Freedom – An Overview of the Issue Cover Image

Granice wolności artystycznej – zarys problematyki
The Limits of Artistic Freedom – An Overview of the Issue

Author(s): Karolina Król
Subject(s): Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, Sociology of Art, Sociology of Religion
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Insult religious feelings; freedom of expression; conflict of values; freedom of artistic expression, religious freedom;

Summary/Abstract: This article raises issues that pertain to the offence of infringement of religious freedom and insulting religious feelings (Polish Penal Code, Article 196) through the exercise of freedom of expression, especially freedom of art. Both religious freedom and artistic freedom are crucial values in a democratic society and should be protected. They interact in many ways by reinforcing or competing with each other. Thus, it is very important to find the right balance between the two in order to enforce these rights fairly. Both freedoms are guaranteed by the European Convention on Human Rights, as well as by domestic law, but it seems that as yet there is no common European standard on how to settle the conflict between those two freedoms.

  • Issue Year: 4/2018
  • Issue No: 1
  • Page Range: 171-188
  • Page Count: 18
  • Language: Polish