Page 47 - مجلة الدراسات القضائية
P. 47
Abstract: forms of hate speech. Australia, on
the other hand, does not consider
Does the promotion of tolerance certain types of hate speech as pro-
and the exercise of one's religion ne- tected speech, because speech can
also be considered a form of harm.
cessitate Iimits on freedom of speech? Finally, the UAE passed a compre-
The freedom of religion can be con- hensive law in 2015 prohibiting vari-
sidered a right in and of itself, as well
ous types of discrimination and hate
as an extension of the rights to free- speech, particularly those directed at
dom of conscience, thought, and ex- various religious groups. This paper
pression - sometimes, perhaps, even will examine these Iaws and thei r re-
in opposition to absolute freedom
of expression. lt is thus intrinsically lationship to the concept and idea of
tolerance, and how States prioritize
linked to the rights of others insofar these rights.
as one's expression of their religious
beliefs may encroach upon the rights lntroduction
of others, and vice versa. At their ln increasingly pluralistic societies
core, most religions promote the idea and a more globalized world, the ide-
of the sanctity of human dignity and,
in multicultural societies and an in- als of tolerance and respect cannot
creasi ngly global ized world, fosteri ng
interfaith relations have been aimed be overemphasized, especially as the
at strengthening tolerance between world witnesses the rise of intoler-
different communities. This paper
ant, xenophobic, and at times violent,
will take a comparative approach movements in different parts of the
and examine the intersection of laws world. ln 1995, the UN Educational,
related to freedom of speech and Scientific and Cultural Organization
(UNESCO) adopted the Declararion
religion, and the promotion of toler- on Principles of Tolerance, which de-
ance in the United Srates, Australia, fines tolerance as:
and the United Arab Emirates, each
of which has a different tradition and Tolerance is respect, acceptance
approach to these matrers. The Unit-
and appreciation of the rich diversity
ed States, due to the First Amend- of our world's cultures, our forms of
expression and ways of being human.
ment and many court developments It is fostered by knowledge, openness,
over its interpretation , favors a much
more expansive view of the freedom communication, and freedom of
of speech that encompasses many
Dr. Jinan Bastaki
