The Freedom Of Religion In Article 9 Of The European Convention On Human Rights: Historical Roots And Today’s Dilemma’s

2010 ◽  
pp. 7-29
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9

Passive Proselytism

2021 ◽  
Vol 9 (2-3) ◽  
pp. 244-269
Author(s):  
Christine Carpenter
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court ◽  
The Right

Abstract Article 9 of the European Convention on Human Rights protects the right to freedom of religion and conscience. The language of Article 9(1) has been interpreted by the European Court of Human Rights as including protections for acts of proselytism, when properly committed and respectful of the rights and freedoms of others. This was the view taken in the foundational Article 9 case of the Court, Kokkinakis v. Greece. In the decades since Kokkinakis, however, the view of the Court on proselytism appears to have shifted, in particular in Article 9 cases involving religious garments. This article seeks to determine whether the Court is consistent in its views on proselytism between these religious garment cases and earlier examples of Article 9 case law.

Osmanoğlu and Another v. Switzerland

2021 ◽  
Vol 191 ◽  
pp. 443-475
Keyword(s):  
Human Rights ◽  
Primary Schools ◽  
Democratic Society ◽  
European Convention ◽  
Freedom Of Religion ◽  
Legal Basis ◽  
Article 9 ◽  
Freedom Of Thought ◽  
Mixed Gender

Human rights — Freedom of thought, conscience and religion — Article 9 of European Convention on Human Rights, 1950 — Compulsory mixed gender swimming lessons in primary schools — Refusal by competent authorities to grant applicants’ daughters exemption from mixed swimming lessons — Whether contested measure interfering with exercise of applicants’ right to freedom of religion — Whether interference justified — Whether having legal basis — Whether pursuing legitimate aim — Whether necessary in a democratic society — Whether proportionate to aims pursued by national authorities — Article 2 of Protocol No 1 lex specialis in relation to Article 9 of Convention — Inapplicability of Article 2 of Protocol No 2 — Reading of Convention as a whole — Whether Switzerland violating Article 9 of European Convention on Human Rights, 1950

scholarly journals The Qualified Right to Freedom of Religion: An examination of the limitations contained in Article 9 of the European Convention on Human Rights

2020 ◽  
Vol 23 ◽  
pp. 73-99
Author(s):  
Mark Hill
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
Case Law ◽  
Democratic Society ◽  
European Convention ◽  
Freedom Of Religion ◽  
Public Order ◽  
Article 9 ◽  
European Court ◽  
Margin Of Appreciation

The manifestation of religious beliefs under Article 9 of the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its loose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of ‘prescribed by law’, ‘necessary in a democratic society’, ‘public safety’, ‘public order, health or morals’ and ‘the rights and freedoms of others’. This article seeks to extract clear principles from the contradictory and confusing jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.

Religion, Belief, and the European Court of Human Rights

2021 ◽  
pp. 402-419
Author(s):  
Peter Cumper ◽  
Tom Lewis
Keyword(s):  
Human Rights ◽  
European History ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court ◽  
The Right ◽  
Islamic Dress ◽  
The Way

This chapter examines the interpretation of the right to freedom of religion or belief under Article 9 of the European Convention on Human Rights (1950) by the European Court of Human Rights. The topic is examined with reference to legal bans on items of Islamic dress such as headscarves and face-veils. It is argued that both the structure of Article 9, and the way in which it has been interpreted, has resulted in weak levels of protection for applicants bringing such claims, and that the reasons for this lie deep in European history and politics. The Court’s approach may, arguably, be justifiable in that the protection it offers is subsidiary to that offered by states. Nevertheless, the scant hope that such applicants have raises questions as to the effectiveness of the Convention and threatens to undermine much of the laudable work that has been undertaken elsewhere by the Court.

17. Freedom of Thought, Conscience, and Religion

2020 ◽  
pp. 461-487
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Military Service ◽  
Conscientious Objection ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
Freedom Of Thought ◽  
Religious Dress

This chapter examines the protection of the freedom of thought, conscience, and religion in the European Convention on Human Rights. It explains the provisions of Article 9 and the definition that has been given to the concepts of ‘religion’, ‘belief’, and the ‘manifestation of religion or belief’. It analyses the decisions made by the Strasbourg Court in several related cases, including those involving proselytism, the wearing of religious dress and symbols, the manifestation of religion and belief by prisoners, the conscientious objection to military service, immigration issues which touch on the freedom of religion, and the recognition and authorisation of religious organisations.

Stefanov v. Bulgaria

2001 ◽  
Vol 12 (5-6) ◽  
pp. 285-286
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Freedom Of Religion ◽  
Article 9 ◽  
European Court

In a judgment delivered on 3 May 2001, the European Court of Human Rights struck out the case of Stefanov v. Bulgaria , which had complained about a violation of Article 9 (freedom of religion and conscience) of the European Convention on Human Rights.

scholarly journals Last Rites and Human Rights: Funeral Pyres and Religious Freedom in the United Kingdom

2010 ◽  
Vol 12 (2) ◽  
pp. 131-151 ◽  
Author(s):  
Peter Cumper ◽  
Tom Lewis
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
City Council ◽  
European Convention ◽  
Freedom Of Religion ◽  
The United Kingdom ◽  
Article 9 ◽  
The Right ◽  
Domestic Law ◽  
Court Of Appeal

This article considers the litigation in Ghai v Newcastle City Council in which the legality of open air funeral pyres under the Cremation Act 1902, and under the right to freedom of religion and belief in article 9 of the European Convention on Human Rights, was considered. Ultimately the Court of Appeal held that open air funeral pyres within a walled enclosure were not unlawful. But at first instance the Administrative Court, which had assumed that domestic law prohibited such pyres, held that such a ban would not breach article 9 since it was legitimate to prevent causing offence to the majority of the population. It is the approach of the Administrative Court to article 9 (which was not considered by the Court of Appeal) that forms the basis of the critical analysis in this article. In particular it is argued that the Administrative Court undervalued the right to freedom of religion and belief, as against the need to prevent offence to others, and adopted a stance which was overly deferential to Government and Parliament.1

The Right to Freedom of Thought in the European Convention of Human Rights

2021 ◽  
pp. 1-34
Author(s):  
Patrick O’Callaghan ◽  
Bethany Shiner
Keyword(s):  
Human Rights ◽  
Personal Development ◽  
Industrial Revolution ◽  
European Convention ◽  
Inner Life ◽  
Article 9 ◽  
The Face ◽  
Technological Developments ◽  
Freedom Of Thought ◽  
The Right

Abstract This paper examines the right to freedom of thought in the European Convention on Human Rights against the background of technological developments in neuroscience and algorithmic processes. Article 9 echr provides an absolute right to freedom of thought when the integrity of our inner life or forum internum is at stake. In all other cases, where thoughts have been manifested in some way in the forum externum, the right to freedom of thought is treated as a qualified right. While Article 9 echr is a core focus of this paper, we argue that freedom of thought is further supported by Articles 8, 10 and 11 echr. This complex of rights carves out breathing space for the individual’s personal development and therefore supports the enjoyment of freedom of thought in its fullest sense. Charged with ‘maintaining and promoting the ideals and values of a democratic society’ as well as ensuring that individual human rights are given ‘practical and effective protection’, this paper predicts that the ECtHR will make greater use of the right to freedom of thought in the face of the emerging challenges of the Fourth Industrial Revolution.

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