Calling for boycott, divestment, sanctions is a human right, rules European Court

Governments and political parties across Europe have sought to criminalise the non-violent movement for BDS. Yesterday, the European Court of Human Rights stopped that insidious tendency in its tracks. 

In September 2009, nine months after Israel’s ‘Cast Lead’ attack on Gaza, 11 campaigners in Northern France were charged with ‘incitement to discrimination’ for handing out Boycott, Divestment, Sanctions (BDS) leaflets at a hypermarket. They were given suspended fines of €1,000 and required to pay €7,000 in damages. In 2015, the French Court of Cassation upheld their conviction. 

Yesterday, 11th June, the ECHR overturned the French judgment, ruling that the convictions for campaigning for a boycott of Israeli products violated the campaigners’ right to freedom of expression. Their call to boycott Israeli products, said the court, did not amount to discrimination: it was protected by the right to free speech. 

The ECHR’s ruling, says Marco Perolini of Amnesty International, ‘should send a clear message to all European states that they must stop the prosecution of peaceful activists’ and stop trying to ‘target activists campaigning against human rights violations perpetrated by Israel against Palestinians’. 

Artists for Palestine UK welcomes this judgement. As Israel prepares to dispossess Palestinians of an even greater part of their land, we know that it is more important than ever that artists’ voices are heard. We will continue to campaign for a cultural boycott of Israel, exercising our right of free speech against those who try to bully and silence all opposition. 

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