FREEDOM OF SPEECH AND FREEDOM OF RELIGION UNDER INTERNATIONAL HUMAN RIGHTS LAW: CASE STUDY FROM MS. ES v VIENNA REGIONAL CRIMINAL COURT UNDER EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Human rights are the basic rights possessed by every human being from birth and stick to them to the end of time. No one can interfere, limit, oppress, or force the human rights of someone else. Disregard and disdain for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. By the advance of the culture and technology, the human rights also emerge more varied. In recent years, the freedom of speech has been more encouraged. However, some problems arise when human rights clash among the others. There is no hierarchy on human rights, this make there is no human rights possessed higher or stronger than others. Human rights have same power and position among others. Thus, problem caused by freedom of speech could arise when this rights surpass what it should not. One of infamous cases is the case of Ms. ES v Vienna Regional Criminal Court Regional Criminal Court under European Court of Human Rights. This case can examined even deeper to find out more about human rights and clash between two of human rights.