The interaction between freedom of expression and religious freedom in the ECTHR. The possible modification of article 525 of the Spanish Criminal Code

Abstract

In 2021, there were two parliamentary initiatives in Spain aimed at the modification and/or repeal of Article 525 of the Penal Code, relating to offenses against religious feelings, which justified the goodness of such changes in the need to adapt our criminal legislation to the jurisprudence of the European Court of Human Rights (ECtHR). This paper explores the position of the Council of Europe, especially that of the Strasbourg Court, on the relationship between freedom of expression and freedom of religion through blasphemy, hate speech and offenses to religious feelings. The complex position of the ECtHR is closely linked to the defense of religious peace in a social context marked in recent years by terrorist threats and attacks on the media in Europe.