Freedom of Speech on Palestine and the European Court of Human Rights’ Approach

Authors : Berk Cem Tatar

Pages : 399-426

Doi:10.32957/hacettepehdf.1810855

View : 159 | Download : 358

Publication Date : 2025-12-31

Article Type : Research Paper

Abstract :The legal boundaries of freedom of speech regarding expressions on Palestine have increasingly come to the fore, especially after October 7, 2023, and the subsequent developments in Gaza. The widespread protests, legal actions, and government-imposed restrictions across the Europe have sparked crucial debates about the extent to which political speech can be limited under the pretext of public order or national security. These developments have intensified the debate on how national courts and the European Court of Human Rights (ECtHR) address the fine line between protecting freedom of expression and curbing hate speech. Therefore, it is examined the evolving case law of the ECtHR and precise national court rulings pertaining to freedom of expression on Palestine. Key cases as regards the extent to which restrictions on such expressions comply with Article 10 of the European Convention on Human Rights (ECHR) are analyzed. While national courts often reverberated political sensitivities, the ECtHR has consistently reaffirmed that political activism and discourse -such as calls for boycotts- deserve strong protection in democratic societies. However, distinctions emerge based on the speaker’s identity and the context of the speech. By providing a comprehensive legal analysis, this research highlights the ECtHR’s role in ensuring that freedom of expression remains safeguarded amid contentious political realities.
Keywords : İsrail-Filistin, Gazze Şeridi, Avrupa İnsan Hakları Sözleşmesi, Avrupa İnsan Hakları Mahkemesi, İfade Özgürlüğü

ORIGINAL ARTICLE URL