Abstract
The European Court of Human Rights’ jurisprudence shows the Court affords States Parties a wider margin of appreciation when restricting freedom of expression in cases involving religious offence than in cases concerning political speech. This article argues that this already-broad margin is widened further when the impugned expression contains a sexual element. The article argues that sexualised blasphemy represents the limits of the Court’s ability to dictate the relationship of state and religion, effectively representing the private and public spheres, especially where there is a sexual element. It then examines why the Court treats sexual blasphemy as particularly offensive, situating this practice within the Court’s evolving view of the European Convention on Human Rights as a framework for facilitating coexistence among increasingly diverse communities. The article concludes that a sexual element in blasphemy does indeed affect the Court’s application of the margin of appreciation, and that this effect is consistent with its broader jurisprudence on restrictions aimed at protecting religious sensibilities as part of the evolving interpretation of the aim of human rights.
Keywords: European Union law, EU, Human Rights Law, Margin of Appreciation, Sexual Blasphemy
How to Cite:
Coffey, E., (2026) “The Erotic Taboo: an Investigation into the Margin of Appreciation Concerning Cases of Sexual Blasphemy at the European Court of Human Rights”, UCL Journal of Law and Jurisprudence 15(1), 35-36. doi: https://doi.org/10.14324/111.444.2052-1871.2184
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