THE RIGHT TO FREEDOM OF SPEECH VS THE RIGHT TO RESPECT RELIGIOUS FEELINGS: LEGAL LIMITS

The article analyzes the relationship between the right to freedom of speech and the right to respect for religious feelings in the context of international legal guarantees for their provision. The main criteria to be followed by states in resolving conflict situations regarding the exercise of the right to freedom of speech and the right to respect for religious feelings are highlighted, taking into account the expert opinions of the Venice Commission «For Democracy through Law». The article notes that the effectiveness of the implementation of these rights and freedoms depends on the effectiveness of the legal sphere and affects the development of democratic principles of development of each state. The issues of the legal limits of the right to freedom of speech and the right to religious freedom are considered in detail, the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine and other legal acts directly defining state guarantees of human rights are analyzed. The authors of the article emphasize that any restrictions on human rights must be weighed and justified by the need to implement them, because unjustified restrictions on the right to religious freedom or the right to freedom of speech always generate even more aggression and provoke conflicts. Each person has different moral and religious beliefs, so actions that for some may be unacceptable and violate their religious feelings, for others will be an opportunity to express their own opinion and position. Limiting or deciding on the priority of one of these rights requires finding an appropriate balance in order to ensure law and order and understanding in society. As a result, the authors note that defining the limits of the right to freedom of speech and the right to religious freedom must take into account all crosscultural features of society and not violate the right of believers to protect their religious freedom, which is an important condition for the rule of law.