Legal protection of the feelings of believers: a few words about the appropriateness of new legislation
The reason for the emergence of this bill and its discussion in the State Duma is understandable. The parliamentarians decided to respond to the frankly vile act that was committed by a group of specially gifted girls in the Cathedral of Christ the Savior. It was a sabbath, arranged, forgive, Lord, musicians, in the main Orthodox church of Russia, in fact, led to the emergence of at least some legislative norms protecting the feelings of believers.
However, the draft law that is being adopted today in the State Duma is clearly not unambiguous. Protecting the feelings of believers is certainly wonderful. But after all, arguing on the subject of this legal document, many (and deputies are no exception) kept in front of their eyes the picture of insulting the feelings of the Orthodox believers, the picture of “spawning” from Pussy Riot. But in Russia believers are not only Orthodox. If you believe one of the sociological studies that was conducted in August last year with the participation of the magazine Ogonek, the confessional structure today looks like this: 43% of the regions surveyed in 79 from 83 called themselves Orthodox Christians (including Orthodox Serbian, Armenian and Georgian churches), about 6,5% - Muslims, 0,5% - Buddhists, 13% - atheists, about 25% - people who are spiritual in essence, but do not consider themselves to be a particular denomination. The remaining percentages were distributed among Jews, Hare Krishnas, Hindus and representatives of other religions.
Returning to the bill, the question arises: what exactly is an insult to the feelings of believers? Most recently, our site again touched upon the issue of the spread of radicalism in the North Caucasus. One of the cornerstones here (in the North Caucasus Federal District) was the ban on parents attending school for those students (girls) who are not allowed to go to school in hijabs by representatives of the pedagogical community and supervisory authorities. How to deal with this situation? Is it possible that the bill, which was adopted in the second reading, will ultimately be used against the state? How? Yes, very simple. The same fathers of schoolgirls from Kara-Tyube may well state that the ban on wearing hijabs at school offends their feelings - the feelings of believers (in this case Muslims). What kind of specific course of Islam do these gentlemen adhere to is a separate question ... They are insulting and that's it. And who should be charged after that: the school principal, the head of the district education department or, perhaps, a specific prosecutor?
If we seriously consider this particular case, it turns out that the new bill, which will eventually become law, will need to be brought into line with existing laws or regulations. Well, for example, about the introduction of a uniform sample form at school. But how? Prescribe a clause that a ban on wearing religious clothes in educational institutions of Russia de jure insult the feelings of believers is not? Perhaps so, but only such a formulation looks somewhat cynical ...
For example, the ban on the construction of mosques on a private territory, which is actively being conducted in a number of Russian regions: Stavropol Territory, the so-called national republics of the North Caucasus, can be called an insult to the feelings of believers. It turns out that now any decision of the prosecutor's office on the need to suspend or permanently stop the construction of a religious (any confession) object can be reduced to insulting the feelings of believers: if they did not give an opportunity to gather for prayer, it means that they were insulted ...
And the situation with the feelings of atheists looks very strange. The results of the survey above show that there are more than 18 million people in our country. And it would be completely stupid to think that unbelievers have no feelings of their own. Well, at least a sense of justice ... Do the feelings of atheists insult that, for example, Christmas is a day off, and Cosmonautics Day is not? Do atheist feelings insult the introduction of the subject "Fundamentals of religious culture and secular ethics" in secondary schools? With all the oddities of these issues, obviously, there will be people who decide to probe the legislative ground of Russia on this subject. As they say, there would be a reason to suck, and there ...
And a completely confusing situation can occur when people from different religions coexist within the same community. Where is here to draw a clear line between insults feelings of some and others. The case when representatives of various confessions condemn an offensive action that was made against representatives of another confession are not uncommon, but they are not ubiquitous. Bacchanalia in the Cathedral of Christ the Savior was condemned by the leaders of all major Russian denominations. But with the same hijdabs in school, the situation is not so simple. In particular, the deputy chairman of the Council of Muftis of Russia, Mr. Abbyasov, at one time stated that the Constitution gives the right to freedom of religion, and therefore permits the use of religious motifs in clothing. The main advocate of all Russian children, Pavel Astakhov, adheres to the same point of view, stating that in Stavropol schools, the quote: “they go too far”. It turns out that any teacher who did not want to let a student into the class, who (perhaps, quite provocatively) decided to put on religious clothes, may now be subject to criminal prosecution. A car owner can also be subjected to criminal prosecution, who, by disrupting the process of communicating with God, can get to his parked car in the street, which has been surrounded by people praying during one of the major religious holidays.
In general, this bill is so crude that its final adoption may not lead to real protection of the feelings of believers, but to additional differentiation in Russian society. Ivan insulted the feelings of Joseph, because Joseph insulted the feelings of Magomed, and then some “Khryushi Riot” came and insulted the feelings of all the above believers at once - something like that.
Based on this, you come to the conclusion: why should we try to invent such a complicated “bicycle”, which, among other things, is unlikely to go ... Is there really not enough articles in modern legislation that could regulate relations between individuals? regardless of their confessional affiliation? After all, there are articles punishing vandalism, slander and insult. There is a provision on a uniform school uniform - be kind enough to observe it. Is that not enough?
If not, then, for example, you need to add articles about insulting the feelings of representatives of various professions ... I threw a cigarette butt past an urn - insulted the janitor’s feelings, did not put on shoe covers in the clinic - therapist’s feelings, did not pass inspection, the traffic police officer’s feelings, etc.
Should we make a distinction between janitors and doctors, librarians and bakers, believers and unbelievers, if they are all citizens of one country? If we go precisely along this slippery path, then at this rate we and the Constitution will soon have to be rewritten. Were a secular state, and we will become? .. Oh, this multiculturalism ...
Information