Finding humor in human rights

Abstract

Humour as a form of freedom of expression plays a vital role in the framework of human rights (in Europe.) This is especially true in cases where the freedom of expression potentially interferes or contradicts other rights, for instance, the freedom of religion. Therefore, in order to find suitable and encouraging limitations of ‘comic acts’, this paper begins with a theoretical study of the use of humour. However, the legal limits of acceptable expressions of humour have been defined in the European Court of Human Rights' jurisprudence related to Article 10 of ECHR (and in particular cases under Article 17), and so an examination of this case law is performed. Finally, a case study of France is completed as an example of how satirical journalism is handled within the coherent jurisprudence of the ECHR, in a jurisdiction where people, but not religious institutions, have rights.