scholarly journals Secularism at schools as a tool for social integration: the approach of the European Court of Human Rights

2021 ◽  
Vol 66 (1) ◽  
pp. 15-41
Author(s):  
Adam Jakuszewicz
Keyword(s):  
Human Rights ◽  
Social Integration ◽  
Freedom Of Religion ◽  
Moral Autonomy ◽  
Individual Freedom ◽  
European Court ◽  
Equal Respect

When examining the cases on freedom of religion in the field of education, the European Court of Human Rights increasingly adopts the conception of hard or republican secularism. This approach has far-reaching implications for the Court’s understanding of social integration as a legitimate ground for the restriction on individual’s freedom. The judgement in Osmanoğlu and Kocabaş v. Switzerland and the cases on wearing of religious attire at school demonstrate that despite its claim to neutrality, the republican conception of secularism has its inherent presuppositions about what society should look like and which values such a society should embrace. In consequence, the application of this conception results in standardisation and homogenisation of the society according to secular and thus non-neutral ethos. This outcome is difficult to reconcile not only with equal respect for individual freedom of religion and moral autonomy, but also with general principles underlying its axiological structure, such as pluralism, tolerance, and broadmindedness.

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.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

Physical Education and Religious Freedom

2019 ◽  
pp. 144-155
Author(s):  
Konstantinos Margaritis
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
Religious Freedom ◽  
Case Law ◽  
Democratic Society ◽  
The Other ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Other Hand ◽  
European Court

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.

7. Freedom of religion and expression

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
European Convention ◽  
Freedom Of Religion ◽  
Essential Information ◽  
European Court ◽  
State Restriction ◽  
The Uk ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

scholarly journals Freedom of Religion and Freedom from Religion

2016 ◽  
Vol 19 (01) ◽  
pp. 3-13 ◽  
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Well Being ◽  
European Convention ◽  
Freedom Of Religion ◽  
Religious Expression ◽  
European Court ◽  
Religious Extremism ◽  
Domestic Courts ◽  
The Right

The right to freedom of religion, enshrined in the European Convention on Human Rights has been frequently tested, both in UK courts and in the European Court of Human Rights, where successive decisions over a number of years led to the establishment of several well-known principles. However, in recent years religious extremism has brought into focus a tension between the right of freedom of religious expression and the well-being of individuals (not least children) and society. The Strasbourg court requires neutrality on the part of the state and its courts. However, unlike the European Court of Human Rights, the domestic courts have had to face situations where religious observance can be seen to be causing serious harm and where interference in religious freedom and family life has been shown to be justified.

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