Information Note on the Court’s case-law 250

April 2021

Bouton v. France (communicated case) - 22636/19

Article 10

Article 10-1

Freedom of expression

Criminal conviction and compensation order for Femen’s topless demonstration in a church aimed at denouncing the Church’s opposition to abortion: communicated

Article 7

Article 7-1

Nullum crimen sine lege

Femen’s topless demonstration in a church characterised as indecent exposure: communicated

In 2013 the applicant demonstrated in a church in Paris topless and with her torso covered in slogans. She was acting as a member of the Femen group in the framework of an international campaign against the Church’s position on abortion. The courts found her guilty of indecent exposure and gave her a one-month suspended sentence, and also ordered her to pay the civil party compensation in respect of non-pecuniary damage (two thousand euros), plus legal fees. The Court of Cassation discerned no excessive infringement of the applicant’s freedom of expression, considering that she should have respected the right of others not to be disturbed in the practice of their religion, as secured under Article 9 of the Convention.

Communicated under Articles 7 and 10 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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