Entangled Rights of Freedom
Freedom of speech, freedom of religion and the non-discrimination principle in the Dutch Wilders case
Linda Groen, Martijn Stronks
04-10-2010ISBN 9789059316089
Druk 1 | Boom bestuurskunde | 134 pagina's
The criminal case of the Dutch parliamentarian Geert Wilders has stirred up feelings both at home, in the Netherlands, and abroad. Because of his statements about Muslims and their religion, Wilders is being charged for the criminal offences ‘inciting hatred’ and ‘group defamation’. The case is almost as complex as the public debate in which Wilders made his statements. Shouldn’t politicians in a democratic society have ample opportunity to freely express their opinions? Or do religious groups deserve protection on the basis of freedom of religion and the nondiscrimination principle? What is the relationship between these three fundamental rights? How do these fundamental rights relate to the criminal law framework of the offences for which Wilders is being prosecuted, i.e. group defamation and inciting hatred? And finally, what are the principal legal arguments for and against a conviction of Wilders?
04-10-2010ISBN 9789059316089
Druk 1 | Boom bestuurskunde | 134 pagina's
The criminal case of the Dutch parliamentarian Geert Wilders has stirred up feelings both at home, in the Netherlands, and abroad. Because of his statements about Muslims and their religion, Wilders is being charged for the criminal offences ‘inciting hatred’ and ‘group defamation’. The case is almost as complex as the public debate in which Wilders made his statements. Shouldn’t politicians in a democratic society have ample opportunity to freely express their opinions? Or do religious groups deserve protection on the basis of freedom of religion and the nondiscrimination principle? What is the relationship between these three fundamental rights? How do these fundamental rights relate to the criminal law framework of the offences for which Wilders is being prosecuted, i.e. group defamation and inciting hatred? And finally, what are the principal legal arguments for and against a conviction of Wilders?