Journal Article

Freedom of religion under the European Convention on Human Rights: Foreshadowing interpretative dilemmas

Abstract

This chapter focuses on those provisions of the European Convention on Human Rights (ECHR) most clearly relevant to freedom of religion: Article 9, and Article 2 of the First Protocol. These provisions are placed in context, both in terms of the development of freedom of religion at the international level, and in terms of the history of the drafting of the provisions. The exposition function was particularly important in a text on freedom of religion or belief. It was the first full-length text providing a sustained consideration of freedom of religion under the ECHR, as opposed to in international law more generally. A lack of sympathy, or perhaps better put, a failure of judicial imagination when considering the position of atheists within a religious rights regime, materialised in Lautsi v Italy. Eweida removed the initial hurdle in making a religion or belief claim, a second hurdle is immediately encountered: the margin of appreciation.

Attached files

Authors

Edge, Peter W.
Vickers, Lucy

Oxford Brookes departments

School of Law

Dates

Year of publication: 2018
Date of RADAR deposit: 2020-09-30

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Related resources

This RADAR resource is the Accepted Manuscript of Freedom of religion under the European Convention on Human Rights: Foreshadowing interpretative dilemmas
This RADAR resource is Part of Leading works in law and religion [ISBN: 9781138244467] / edited by Russell Sandberg.