Juridical Relations between Freedom of Artistic Expression and Protection of the Dignity of Religion in the Light of a Lawsuit over Theatrical Performances in the Czech Republic

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15260%2F23%3A73627573" target="_blank" >RIV/61989592:15260/23:73627573 - isvavai.cz</a>

Result on the web

<a href="https://journals.us.edu.pl/index.php/pcl/article/view/16089/13513" target="_blank" >https://journals.us.edu.pl/index.php/pcl/article/view/16089/13513</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.31261/PaCL.2023.09.2.06" target="_blank" >10.31261/PaCL.2023.09.2.06</a>

Result language

angličtina

Original language name

Juridical Relations between Freedom of Artistic Expression and Protection of the Dignity of Religion in the Light of a Lawsuit over Theatrical Performances in the Czech Republic

Original language description

This paper deals with the legal regulation of the relationship between two human rights, freedom of artistic creation and protection of the value of religion as part of freedom of religion in the Czech Republic. It first gives an overview of three models of this relationship in three historical epochs: the period of democratic Czechoslovakia in the years 1918 to 1948 (excluding the period of World War II, where the protection of human rights was completely ignored), the period of domination of the Communist Party of Czechoslovakia in 1948 to 1989, i.e., a period of general violations of human rights, and in democratic society from 1989 (until 1992 in Czechoslovakia and, from the disintegration of the Czechoslovak federation on 1st January 1993, in the Czech Republic). Most of the space is devoted to litigation caused by the presentation of two theatre performances at the Brno Theatre Festival in 2018. The director of both performances was the Croatian director Oliver Frljić, known for using controversial means of expression, often with a religious theme. The ensuing lawsuit, in which the then president of the Czech Bishops’ Conference was one of the plaintiffs, showed that the general courts preferred the protection of artistic freedom in the conflict between the two constitutionally guaranteed freedoms with only one significant restriction: vituperation or downsizing of beliefs. However, the dispute is not yet fully resolved: the plaintiffs have filed a complaint with the Constitutional Court of the Czech Republic, which has not yet ruled on the matter. Consequently, an application to the European Court of Human Rights in Strasbourg cannot be ruled out.

Czech name

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Czech description

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Type

J_ost - Miscellaneous article in a specialist periodical

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2023

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Philosphy and canon law

ISSN

2450-4955

e-ISSN

2451-2141

Volume of the periodical

9

Issue of the periodical within the volume

2

Country of publishing house

PL - POLAND

Number of pages

32

Pages from-to

104-135

UT code for WoS article

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EID of the result in the Scopus database

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