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The protection of artistic expression alongside the right to respect for religious values

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2024
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Abstract (EN)

The Protection of Artistic Expression Alongside the Right to Respect for Religious Values Art, as one of the oldest reflections of human freedom, is an effort to position human existence and define the universe aesthetically. In this context, freedom of artistic expression is protected within the scope of freedom of expression, one of the most fundamental human rights. Religion, like art, is related to human existence and is a way of making sense of it. Unlike art, religion, which is based on a divine principle and source, does not arise from the freedom of the individual; on the contrary, it aims to govern the individual and their life within the framework of certain principles. The existence of religion as an inviolable area causes people to adopt a more protective approach. When artistic expression, increasingly viewed as absolute, conflicts with religious sentiments, determining which value should prevail becomes crucial. The social dimension of religion causes discourses and actions directed against religious values and feelings to have social consequences. The law will have to apply different criteria in determining the superior value, considering the rights of others as well as the public interest. As art has evolved into a form of activism, artistic expression and religious values have begun to interact more intensely. In current approaches to freedom of expression, grounds for restriction have largely been abandoned, and the idea that pluralism and tolerance can best be achieved through a free marketplace of ideas has gained currency. The European Human Rights System is evolving towards a new paradigm in balancing rights. It is essential to assess whether this shift risks enabling hate speech, potentially undermining other human rights. Removing the protection of others' rights from the equation means that people are forced to tolerate a society of "blasphemy." At the same time, promising only censorship of art would restrict access to a necessary human sense, the creative, artistic sensibility. The new situation concerns the search for a balance between the freedom to offend and the right not to be offended. Keywords: freedom of expression, artistic expression, blasphemy

Author

Hasan Bozdaş

How to Cite

Hasan Bozdaş (Master Thesis). The protection of artistic expression alongside the right to respect for religious values, 2024, Ankara Yıldırım Beyazıt University.

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