Glosa do wyroku Europejskiego Trybunału Praw Człowieka z 25 października 2018 r. w sprawie E.S. vs. Austria, skarga nr 38450/12

A reminder of the main assertions of the spectacular and — as it turned out — extremely current judgment of the European Court of Human Rights of 1994 in the Otto-Preminger-Institut vs. Austria Case has become a pretext and a counterpoint for presenting a critical analysis of the judgement of 2018 in the E.S vs. Austria Case. The conflict between freedom of expression (including artistic expression) and freedom of thought, conscience and religion was again resolved by the Court in favor of the latter, showing both the lack of dynamics in terms of modification of the original assessment made many years ago, and discrepancy as to the contemporary opinions of other EU bodies.