eren, abdurrahman istanbul üniversitesi - hukuk fakültesi - anayasa hukuku anabilim dalı, Turkey

Drawing Cartoons of the Prophet of Islam in Terms of Human Rights Law

20827

The subject of this article is to evaluate of drawing of cartoons of the Hazrat Muhammad(S.A.V), the Prophet of Islam, whether is a “using of right” or “infringement of right” in terms of human rights law. Making cartoons of the Prophet must be evaluated in the context of freedom of expression and freedom of religion and conscience. In this case can be said that conflicting of two freedoms. In what form this conflict must be resolved will be discussed in the framework of human rights law. To be a caricature of the Prophet of Islam through the press is a clear intervention to freedom of belief of Muslims. Prophet’s cartoons can be drawn based on the beliefs of Muslims. Caricature, also beyond drawing, includes in humiliation, the ridicule and offend too. Installing an intolerable burden in terms of Muslims, such a using has led to deterioration of the public order and outrage at the Muslim communities. Therefore, to be a caricature of the Prophet doesn’t serve “the public interest in the nature of a superior” and freedom of the press may be restricted out of such a usage.

355

Prophet of Islam Hazrat Muhammad , freedom of expression , freedom of belief , freedom of the press.

Hukuk Araştırmaları Dergisi

368