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Freedom of Thought, Conscience and Religion

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Caroline Roberts

on 28 April 2014

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Transcript of Freedom of Thought, Conscience and Religion

To Manifest or Not to Manifest Religion or Belief in Europe
The Right to
Manifest Religion
or Belief in Europe
Religious Dress
Religious Symbols
Religious Beliefs & Discrimination
The Right NOT to
Manifest Religion
or Belief in Europe
Religious Affiliation on Official Documents
Oath Taking
Opting Out of Religion Teaching in Schools
The Right to Freedom of Thought, Conscience and Religion
The Right to Manifest
Why Manifest Religion or Belief?
Examples from Key Cases
The Right Not to Manifest
Why Not Manifest Religion or Belief?
Examples from Key Cases
Evaluation
Religious Dress

Sahin v Turkey [2005]
Thank you for your attention
Religious Affiliation on Official Documents

Isik v Turkey [2010]
Is the right not to manifest religion or belief protected to the same, lesser or greater extent
than the right to manifest religion or belief in Europe?
Religious Belief & Discrimination

Eweida & Others v United Kingdom [2013]
Religious Symbols

Eweida & Others v United Kingdom [2013]
Oath Taking
Opting Out: Religious Teaching in Schools

Grzelak v Poland [2010]
"...[T]he Court observes that the
breach
in question
a
rises not from the refusal to indicate the applicant’s faith (Alevi) on his identity card but from the
problem of the indication
– whether obligatory or optional – of religion on the identity card."
Isik v Turkey [2010] para 52
"The Court specifies that the right to religious freedom includes the
right not to manifest one's religious convictions...
"
Alexandridis v Greece [2008]

"[The Court] considers that the right to manifest one’s religion or beliefs also has a
negative aspect
, namely an individual’s right
not to be obliged to disclose his or her religion or beliefs
and not to be obliged to act in such a way that it is possible to conclude that he or she holds – or does not hold – such beliefs."
Dimitrias v Greece [2010], Isik v Turkey [2010], Grzelak v Poland [2010]

"In accordance with articles 18.2 and 17,
no one can be compelled to reveal his thoughts or adherence to a religion or belief.
"
General Comment 22, para 3
1.Everyone has the right to
freedom
of
thought, conscience and religion
; this right includes freedom to
change
his religion or belief and freedom [...] to
manifest
his religion or belief...
1. "Everyone has the right to...manifest his religion or belief, in
worship, teaching, practice
and
observance
..."
ECHR, Art 9.1

2. Freedom to manifest can be subject to "l
imitations as are prescribed by law and are necessary in a democratic society
in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

ECHR, Art 9.2

Personal

Discrimination

Disadvantage

Criminal Penalties
M
M
M
NM
NM
NM
Religious Requirement

Personal Preference
Dimitras & Others v Greece [2010, 2013]
Any questions?
Eweida
1. "There was
no evidence
that wearing of other, previously authorised items of religious clothing...had
any negative impact on British Airways brand or image
.

2. "Moreover, the fact that the company was able to
amend the uniform code
to allow for the visible wearing of religious symbolic jewellery demonstrates that the
earlier prohibition was not of crucial importance
."
"[T]he
protection of health and safety
on a
hospital ward
was inherently of a
greater magnitude
than that which applied in respect of Ms Ewedia."
Ladele
"[T]he local authority's policy aimed to
secure the rights of others
which are also protected under the Convention.
McFarlane
"[F]or the Court, the most important factor to be taken into account is that the employer's action was intended to s
ecure the implementation of its policy of providing a service without discrimination.
"The
limitation
complained of accordingly
cannot be regarded as "necessary in a democratic society
"
Buscarini & Others v Greece[1999] para 40
“...[T]he court finds the
absence of a mark for “religion/ethics”
on the successive school reports of the third applicant [Mateusz Grzelak] falls within the
ambit of the negative aspect of freedom of thought, conscience and religion
protected by Article 9 of the Convention as it may be read as showing his
lack of religious affiliation
.”
Grzelak v Poland [2010] para 88
European Convention on Human Rights and Fundamental Freedoms, Art 9
"In the light of the foregoing and having regard to the contracting States'
margin of appreciation
in this sphere, the court finds that the
interference in issue was justified in principle and proportionate to the aim pursued.
"

Sahin v Turkey [2005] para 122
La Cour conclut que l’ingérence litigieuse
n’était pas justifiée dans son principe et proportionnée à l’objectif visé
. En outre, cette constatation ne rend pas nécessaire l’examen des incidents relatés par les requérants au cas par cas.

Dimitras & Others v Greece [2013] para 22
NEW APPROACH NEEDED?
Buscarini & Others v San Marino [1999]
Chaplin
Forum internum
Eweida & Others V United Kingdom [2013] para 94
Eweida & Others V United Kingdom [2013] para 99
Eweida & Others V United Kingdom [2013] para 106
Eweida & Others V United Kingdom [2013] para 109
Full transcript