Tensions and Synergies in Religious Liberty: An Evaluation of the Interrelation of Freedom of Belief with Other Human Rights; Parallel Equality and Anti-discrimination Provisions; Enforcement in Competing European Courts; and Mediated Dispute Resolution

Despite its sixty year history, the European Court of Human Rights has only recently begun to develop a cohesive systematic jurisprudence on freedom of religion and belief. Hitherto, other articles were generally engaged in conjunction with those touching religious liberty -- for example, freedom of...

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Bibliographic Details
Published in:Brigham Young University law review 2014-05, Vol.2014 (3), p.547
Main Author: Hill, Mark Q C
Format: Article
Language:English
Subjects:
Alternative dispute resolution
Belief & doubt
Case law
Christianity
Civil unions
Councils
Discrimination
Equal rights
Equality
Freedom of religion
Gays & lesbians
Human rights
Jurisprudence
Law
Religious discrimination
Secularism
Sexual orientation
Society
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Summary:Despite its sixty year history, the European Court of Human Rights has only recently begun to develop a cohesive systematic jurisprudence on freedom of religion and belief. Hitherto, other articles were generally engaged in conjunction with those touching religious liberty -- for example, freedom of association or freedom of expression -- and having found a violation in relation to one of these articles, the Court has deemed it unnecessary to consider the separate and parallel violation of Article 9. Thus, the academic world has been denied detailed and systematic judicial pronouncements on the reach of freedom of religion and belief and the extent to which it may be qualified by other human rights. However, such limited pronouncements as exist promote the importance and centrality of freedom of religion and belief as being a core component to human existence. Where the jurisprudence is largely silent, however, is in the tension which exists between religious liberty and other rights protected by the Convention and by other international instruments.
ISSN:0360-151X
2162-8572