Freedom of Expression and Legal Bias:

Reassessing the Enforcement of Article 10 of the European Convention on Human Rights in the Context of Muslim Minorities

Gul Sher Butt

Shahrul Mizan Ismael

Nurhafilah Binti Musa

 

Abstract: This article critically examines the selective enforcement of Article 10 of the European Convention on Human Rights (ECHR), with a focus on its implications for Muslim minorities in Europe. While Article 10 is designed to protect freedom of expression, its application reveals a pattern of judicial inconsistency and evidentiary bias. The analysis demonstrates that Muslim voices are disproportionately restricted, particularly in cases involving religious sensitivities, national security, and public morality, whereas other religious groups benefit from broader protections. This article argues that a consistent and impartial approach to freedom of expression is crucial for promoting inclusive pluralism and upholding the normative integrity of the ECHR. The article begins by establishing the conceptual and legal framework underpinning the critique of Article 10’s interpretation. It then examines jurisprudential patterns in the cases decided by the European Court of Human Rights, revealing how legal interpretations have perpetuated societal biases. Furthermore, it explores the institutional gaps in safeguarding Muslim expression and the broader consequences of marginalisation. The article proposes legal and policy reforms to ensure a more principled and equitable application of Article 10. The findings underscore the need for a recalibration of European human rights jurisprudence to uphold the principles of non-discrimination and equal protection of rights.