Freedom of belief & limitations of manifestation : finding the right balance

Abstract

The interpretation of freedom of thought, conscience and religion continues to be a source of debate and controversy in an increasingly diverse and pluralistic European society. Recent judgments of the European Court of Human Rights (ECtHR) gave rise to a renewed and revived interest in the application of Article 9 of the European Convention on Human Rights. The freedom of Religion or belief of an individual applicant, together with personal acts of religious manifestation, are subject to justifiable restrictions, which are assessed in light of explicit grounds contained in Article 9(2). Following a valuable introduction in Chapter one, this dissertation in Chapter 2, deals with challenges that the ECtHR and national states face, both in the public sphere and also in the specific field of education. The issues range from restrictions placed on religious symbols and attire in public places and the classroom, to the contents of the school curriculum and its impact on the rights of parents to transmit their religious values to their children. Moreover Chapter 3 deals with Religious Freedom in the context of both the public and private workplace. Arguments highlight the possibility of an increased protection of individual religious freedom, in light of changes brought by the January 2013 landmark judgment of Eweida vs United Kingdom. In Chapter 4 arguments centre around the importance of conducting a detailed and proportionate balancing when presented with clashes of different fundamental rights and interests. The final chapter emphasises the need to improve the reasoning of the ECtHR, on a case by case basis, in order to have more consistent case-law and offer a stronger protection to individual and collective religious freedom under Article 9.