The State’s Right to Err: Why David Kenny Now Supports Murphy v. Ireland

In Murphy v. Ireland (2003), the European Court of Human Rights decided in favor of the state’s power to prevent a radio station from broadcasting a religious advertisement, based on public order concerns. David Kenny of Trinity College Dublin was initially disappointed that the Strasbourg Court did not find against Ireland. But over time he came to see the decision differently. While he still does not approve of the Irish domestic court decisions that were challenged to the ECtHR, he has reconsidered his opinion on how the ECtHR, as an international court, should deal with cases when religious sensitivities are involved. Kenny explains why he is still skeptical about the “view from Dublin” on Murphy but appreciates “the view from Strasbourg.”

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Religious and Anti-religious Hatred: Reflections on the January 2024 Report of the UN Special Rapporteur on FoRB

Nazila Ghanea, UN Special Rapporteur on Freedom of Religion or Belief

In January 2024, UN Special Rapporteur on freedom of religion or belief (FoRB) Nazila Ghanea published a new thematic report titled “Hatred on the Basis of Religion or Belief.” The theme chosen by the Special Rapporteur could hardly be more topical: the report was issued against a trending backdrop of social hostilities toward religious minorities in many parts of the world, where governments and/or influential social actors inspire, encourage, and incite hatred against small and unpopular religious communities and other vulnerable groups.

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Hatred on Religious Grounds and the Risk of Double Standards

Montserrat Gas-Aixendri is a full professor of law and religion at Universitat Internacional de Catalunya (Barcelona, Spain).

In the January 2024 report Hatred on the Basis of Religion or Belief, the UN Special Rapporteur on freedom of religion or belief Nazila Ghanea urges stronger actions to tackle hate speech, encouraging dialogue between different faiths and cultures and safeguarding religious groups while respecting human rights. She emphasizes the importance of governments addressing religious-based hatred in a manner consistent with human rights principles to ensure effectiveness. In this vein, the report’s final recommendations urge the enactment of comprehensive laws against discrimination aimed at preventing and combating hatred motivated by religion or beliefs (para. 62(f)).

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