Pluralism, Secularism and The European Court of Human Rights

The Article 9 religious freedom jurisprudence of the European Court of Human Rights most basically concerns the question of religious pluralism. The “principle of pluralism seems to be the main—the core—principle” guiding the Court's religious freedom jurisprudence, argues one of the Court'...

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Bibliographic Details
Published in:The Journal of law and religion 2010, Vol.26 (1), p.261-280
Main Author: Calo, Zachary R.
Format: Article
Language:English
Subjects:
AALS Symposium
Christianity
European court of human rights
Human rights
Islam
Pluralist school
Political pluralism
Religious equality
Religious freedom
Religious laws
Religious liberty
Secularism
Theology
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Summary:The Article 9 religious freedom jurisprudence of the European Court of Human Rights most basically concerns the question of religious pluralism. The “principle of pluralism seems to be the main—the core—principle” guiding the Court's religious freedom jurisprudence, argues one of the Court's judges. Assessing the Court's work in the area of religious freedom therefore requires considering its treatment of pluralism, which is the concept most often employed to interpret Article 9 of the European Convention on Human Rights. The Court's approach to religious pluralism is still heavily indebted to the decision in Kokkinakis v. Greece, a 1993 case involving a Jehovah's Witness who had been repeatedly arrested and jailed for violating Greece's prohibition on proselytism. In the majority opinion finding that Mr. Kokkinakis's Article 9 rights had been violated, the Court writes the following:
ISSN:0748-0814
2163-3088
DOI:10.1017/S0748081400000977