Yesterday I reported that the European Court of Human Rights (ECHR) ruled that an Austrian woman, by teaching that the prophet Muhammad had married a six-year-old wife (Aisha), and then consummated the marriage three years later, had engaged in defamation of religion in a way that hurt religious sentiments. The ECHR was upholding two Austrian lower-court rulings, and fined the woman €480 and court costs. I gave these quotes from the Turkish Andelou Agency, one of the few sites to report the decision.
On today’s ruling, the ECHR said it “found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria.”
The court held “that by considering the impugned statements as going beyond the permissible limits of an objective debate and classifying them as an abusive attack on the Prophet of Islam, which could stir up prejudice and put at risk religious peace, the domestic courts put forward relevant and sufficient reasons.”
I’ve looked for other media sites reporting this decision, and, predictably, it’s been ignored by Left-wing sites and major media, but reported by sites like the Daily Mail and the Daily Express, the latter reporting this:
In one of her seminars, Mrs S is reported to have said: “A 56-year-old and a six-year-old? What do we call it, if it is not paedophilia?”
She also said Mohammed “liked to do it with children”.
She was convicted for insulting the religion in February 2011 by the Vienna Regional Criminal Court and yesterday the ECHR upheld their decision.
You can find the judgement in English here and the summary here. The crime from the summary:
Facts – The applicant held seminars with the title “Basic information on Islam” at the right-wing Freedom Party Education Institute. At one such seminar, referring to a marriage which Muhammad had concluded with Aisha, a six-year old, and consummated when she had been nine, she stated inter alia “[Muhammad] liked to do it with children”, “the thing with Aisha and child sex” and “a 56-year-old and a six-year-old? What do you call that? Give me an example? What do we call it, if it is not paedophilia?”
And the rationale for punishment from the judgment (my emphasis):
14. The Regional Court found that the above statements essentially conveyed the message that Muhammad had had paedophilic tendencies. It stated that the applicant was referring to a marriage which Muhammad had concluded with Aisha, a six-year old, and consummated when she had been nine. The court found that by making the statements the applicant had suggested that Muhammad was not a worthy subject of worship. However, it also found that it could not be established that the applicant had intended to decry all Muslims. She was not suggesting that all Muslims were paedophiles, but was criticising the unreflecting imitation of a role model. According to the court, the common definition of paedophilia was a primary sexual interest in children who had not yet reached puberty. Because paedophilia was behaviour which was ostracised by society and outlawed, it was evident that the applicant’s statements were capable of causing indignation. The court concluded that the applicant had intended to wrongfully accuse Muhammad of having paedophilic tendencies. Even though criticising child marriages was justifiable, she had accused a subject of religious worship of having a primary sexual interest in children’s bodies, which she had deduced from his marriage with a child, disregarding the notion that the marriage had continued until the Prophet’s death, when Aisha had already turned eighteen and had therefore passed the age of puberty. In addition, the court found that because of the public nature of the seminars, which had not been limited to members of the Freedom Party, it was conceivable that at least some of the participants might have been disturbed by the statements.
So this was not, said the court, a general slur on Muslims (“Islamophobia”), but a criticism of Muhammad’s behavior. The “crime” appears to have been in wrongly accusing the Prophet of being a pedophile, which is someone who has a sexual interest in children. This seems manifestly true in this case, but the court got around that by saying that Muhammad, even though engaged in a child marriage that could justifiably be criticized, did not have “a primary sexual interest in children’s bodies” because the marriage continued after Aisha was 18!
This is a distinction without a difference. You may disagree with the idea that Muhammad was a pedophile because he raped a nine-year old, but it’s certainly worth consideration, especially because that tradition of child marriages, justified by Muhammad’s own, has continued in many strains of Islam. To fine someone for “offending” those who disagree with this as pedophilia is simply ridiculous. I wonder what charges would be brought against an Austrian citizen who married a six-year-old girl and then had sex with her three years later? Could pedophilia, or sex with underage girls, be one of them?
Considering that this was enforcement of a blasphemy law by a Western nation, and an abrogation of freedom of speech, I would have expected more widespread reporting. This is the Austrian blasphemy law that was violated:
Herabwürdigung religiöser Lehren
§ 188. Wer öffentlich eine Person oder eine Sache, die den Gegenstand der Verehrung einer im Inland bestehenden Kirche oder Religionsgesellschaft bildet, oder eine Glaubenslehre, einen gesetzlich zulässigen Brauch oder eine gesetzlich zulässige Einrichtung einer solchen Kirche oder Religionsgesellschaft unter Umständen herabwürdigt oder verspottet, unter denen sein Verhalten geeignet ist, berechtigtes Ärgernis zu erregen, ist mit Freiheitsstrafe bis zu sechs Monaten oder mit Geldstrafe bis zu 360 Tagessätzen zu bestrafen.
My translation with Google’s help:
Vilification of religious teachings
§ 188. Whoever publicly disparages or ridicules a person or thing that is the object of worship of a domestic church or religious society, or a doctrine, a lawful practice, or a lawful institution of such a church or religious society, and which behavior is likely to cause legitimate offense shall be punished with imprisonment of up to six months or a fine of up to 360 “day units” [units of fine based on the personal income of the offender]
This clearly applies not just to Islam, but to Christianity, and one site gives some prosecutions in Austria:
This de facto ‘blasphemy’ law has been used in practice to prosecute and fine individuals.
On Dec. 11, 2009, Catholic clerics in Vienna sued the cartoonist Manfred Deix for two drawings on the website NEWS.at which depict God and the EU prohibition against crucifixes in schools, respectively.
On Jan. 22, 2009, the Austrian politician Susanne Winter was sentenced at a court in Graz to pay a $24,000 fine for “humiliating a religion” by saying, among other things, that Mohammed was a paedophile.
On Dec. 11, 2010, 63-year-old Helmut G. was convicted for offending his Muslim neighbor by yodeling while lawn mowing. The neighbor claimed Helmet was trying to mock and imitate the Muezzin, the Muslim call to prayer.
On Jan. 15, 2011, Elizabeth Sabaditsch-Wolf was convicted of offending religion because she exclaimed, about the Prophet Mohammed’s nine-year-old wife, “If that is not paedophilia, what is it?” [This appears to be the case at hand.]
Blasphemy laws are a violation of free speech, even if they hurt someone’s feelings, and the enforcement of such laws by a European court should be reported by media like the New York Times. I wonder why it wasn’t? And Austria, among the other European countries with these laws, should ditch this. Why should religion be uniquely protected against hurting the feelings of its adherents? Why not politics, or sports?
Jesus and Mo revived a special cartoon today to honor the occasion: