The Charlie Hebdo attack in Paris and the murders of four Bangladeshi bloggers in 2015 have highlighted dangers facing those who exercise the right to freedom of expression to satirise or criticise Islam. These events have also made the question of whether the international community should endorse measures to combat defamation of religions even more contentious. This book is, therefore, a timely examination of laws relating to blasphemy and defamation of religions and their implications for universal human rights.
In the first of four chapters, Gubo briefly explores international instruments protecting freedom of religion and discusses the relationship between freedom to manifest religion, freedom of expression and blasphemy. Given the thrust of this book, it is striking that he fails to explain that freedom of religion in international law does not protect religions against criticism or followers against offence on the basis of their religion or belief. Rather, Gubo simply states that Article 20(2) of the International Convention on Civil and Political Rights (ICCPR), a provision relating to freedom of expression, has been interpreted ‘to mean that the ICCPR upholds the right of religions to be protected from defamation or blasphemy’ (p 20), but unfortunately does not elaborate on this.
Next, the debate concerning universalism and relativism of human rights is examined, which is a central theme of the book as a whole. For Gubo, ‘the controversy surrounding blasphemy … gives rise to the question of whether some aspects of human rights are universal’. He argues that ‘human rights advocates and Western countries generally stress the universality of human rights, whereas many non-Western countries have defended its relativity’ (p 20). This is the ‘polarized world’ of which the title speaks. Gubo also repeatedly stresses the impact of conflicting values in this controversy. In particular, he argues that, whereas Muslims have a passionate conviction ‘to protect Muhammad and their religious beliefs’, ‘Europeans and others’ have a ‘deep conviction … for the right to freedom of expression’ (p 56). While this is an oversimplification, he makes a good argument that competing claims of respect for religion and respect for freedom of expression ‘present a real challenge to the universality of human rights’ (p 124).
The second chapter introduces the concepts of ‘blasphemy’ and ‘defamation of religion’, and explores the history of blasphemy in the Islamic and Christian traditions. Given the subtitle of the book, it is no surprise to find that Gubo claims that blasphemy laws threaten human rights, particularly freedom of expression, freedom of religion and the right to life. While he recognises arguments in support of such laws, he pays little attention to these, contending instead that their negative effects outweigh the positive, especially when blasphemy laws are accompanied by criminal punishments (p 61).
Following an account of the Salman Rushdie and Danish Cartoons controversies, Gubo provides a helpful explanation of the relationship between blasphemy and sharia law. This illuminates his detailed examination of the role of the Organisation of Islamic Cooperation (OIC) in calling for the international community to combat defamation of religions. The various controversial resolutions proposed by the OIC and adopted by the United Nations are explained in depth; the description of the opposition from Western states to these resolutions – the last of which was adopted only narrowly in 2010 – adds weight to Gubo's concept of the ‘polarised world’.
The third chapter concentrates on current and repealed blasphemy laws in Ireland and England respectively, with the author concluding that such laws should ‘be done away with’ in all European states (p 156). Gubo uses some key European Court of Human Rights cases relating to blasphemy and freedom of expression, including the Gay News case, Otto-Preminger Institut v Austria and Wingrove v United Kingdom, to demonstrate that the Court ‘backs’ European blasphemy laws by relying too heavily on the margin of appreciation in such cases. He calls for the Court to be more ready to find blasphemy laws ‘incompatible with universal human rights’ (p 156). Indeed, while this may be true of the Court's approach to cases dealt with under Article 10, it might have been worth the author noting the different approach taken to cases concerning blasphemy under Article 9, in which the Commission and Court have repeatedly stated that a right to be free from criticism cannot be derived from Article 9 (Church of Scientology v Sweden) and that ‘members of a religious community must tolerate and accept the denial by others of their religious beliefs and even the propagation by others of doctrines hostile to their faith’ (Dubowska & Skup v Poland).
Finally, Gubo reviews key arguments from earlier chapters and offers recommendations for moving forward. Although he reiterates that freedom of expression should be used responsibly (p 156), it is the importance of emphasising the universality of human rights which is the dominant message here. Gubo urges international bodies to ‘categorically reject any calls for the criminalisation of blasphemy’ (p 61) and to ‘introduce resolutions that clearly show the incompatibility of blasphemy laws and defamation of religion laws with universal human rights standards’ (p 157). Certainly, in light of recent events, his call for the international community to work on effective mechanisms to avert killings that follow blasphemous or defamatory remarks cannot be supported strongly enough.
Overall, therefore, Blasphemy and Defamation of Religions in a Polarised World is a useful introduction to this increasingly important and controversial topic.
