العلاقة بين حرية التعبير وحرية المعتقد (دراسة مقارنة)

بن نويوة, عبد المجيد (2022) العلاقة بين حرية التعبير وحرية المعتقد (دراسة مقارنة). Doctoral thesis, A L'université Mohamed Khider de Biskra.

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Abstract

The relationship between freedom of expression and freedom of belief is a basic of complementarity and balance, and not a way of conflict and confrontation, and they have the same degree of legal importance so that, they do not have any hierarchy in the various legal texts. the conflict is in the sake of restricting freedom of expression in favor of preventing beliefs’ criticism, under the pretext that criticism is a break of freedom of belief which offends believers’ feelings and distorts them. By contrast, the truth is that freedom of belief is not a belief itself. Freedom of belief provides the necessary protection for the freedom of religious practices without protecting beliefs from criticism, how offensive it may be, because it is not possible to define a single stereotype of admissible criticism. Instead of defending beliefs with the same means of freedom of expression, which means increasing support for freedom of expression in the service of beliefs. On the other hand, attempts are made to restrict freedom of expression by offering criminal protection of beliefs to face the freedom of criticism, even if beliefs are not subject to the legal protection of human rights. The solutions of this conflict is the consolidation of freedom expression, democracy, culture of human rights, the intellectual and political pluralism and consolidation of tolerance. the rejection of violence and discrimination. Finally, the crucial solution is not to limit freedom of expression and restrict it with further restrictions, in favor of beliefs.

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