Baldassi & Others v. France:  Article 10 protects the right to call for a boycott of goods from Israel

This guest post was written by Robert Wintemute (a Professor of Human Rights Law at King’s College London, who gave some comparative-law advice to the lawyers for the applicants) (*)

Criticism of the policies of a government, and calls for peaceful action intended to put pressure on it to change its policies, would normally be considered political expression protected by Article 10 of the European Convention on Human Rights.  But, since at least 1973, when Israel’s Foreign Minister, Abba Eban, wrote that “[a]nti-Zionism is merely the new anti-Semitism”, attempts have been made to characterise criticism of the Government of Israel’s treatment of the Palestinians as “anti-Semitic” (“anti-Jewish”), and therefore as a form of hate speech.  Describing Israel-Palestine as a situation of “apartheid”, and calling for a boycott of goods from Israeli settlements (built illegally in occupied Palestinian territory) or from anywhere in 1949-67 Israel, is especially likely to trigger this characterisation.  In Baldassi & Others v. France (11 June 2020), the European Court of Human Rights ruled unanimously (7-0) that Article 10 protects the right to call for a boycott of goods from Israel. Continue reading