The Criteria for Distinguishing the Permission of Freedom of Expression from the Prohibition of Committing Crimes against the Dignity of Persons from the Point of View of the European Court of Human Rights.

Document Type : Research Paper

Author

Assistant Prof, Department of Law, Faculty of Theology,Meybod University, Meybod, Iran

Abstract

Although Article 10 of the European Convention on Human Rights recognizes the right to freedom of expression for the citizens of the contracting states, it considers he use of this right subject to observance of formalities,one of which is respect for the spiritual dignity of others.The present reseach paper,,which was written in a descriptive-analytical method and using library and internet sources,deals with the main question that what the most important criteria are for distinguishing between the permission of freedom of speech and the prohibition of committing crimes against the spiritual dignity of individuals.The findings of the research show that the European Court of Human Rights has identified four criteria:the position of the audience,the nature and purpose of the statements,the ability to verify the statements,and the behavior and speech of the audience.

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Criminal Law Research
Volume 15, Issue 1 - Serial Number 29
Papers
July 2024
Pages 21-32

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